De Renzes v. His Wife
Citations
- 117 La. 817
- 42 So. 327
- 1906 La. LEXIS 776
Syllabus
<p>1. Appeal — Judgment—Affirmance.</p> <p>This court has jurisdiction of an appeal from a judgment on a rule to tax costs for -which, on a previous appeal a litigant has been condemned; but, if the defendant in such rule has not been cited, the judgment dismissing the same will be affirmed.</p> <p>2. Same — Jurisdiction.</p> <p>This court has no jurisdiction of an appeal from a judgment on a rule to tax costs, as against a surety on a bond for costs taken in a suit for divorce, after the discontinuance of such suit, in the absence of any appeal from the judgment of discontinuance (or nonsuit), and where the amount involved is below the jurisdictional limit.</p> <p>3. Judgment — Collateral Attack.</p> <p>A discontinuance (or judgment allowing a discontinuance) is not open to collateral attack as an absolute nullity because it fails to condemn the plaintiff and his surety for the costs of the suit.</p> <p>(Syllabus by the Court.)</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that the defendant did not waive the right to arbitrate based on the fact that the case was in the early stages and no discovery had occurred
- “Waiver is the intentional relinquishment or abandonment of a known right.” (alterations and internal quotation marks omitted) (quoting United States v. Olano, 507 U.S. 725, 733 (1993))
Source: CourtListener parenthetical corpus (CC0).
Judges: Monroe
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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