Knight v. Durand

Citations

• 120 La. 383
• 45 So. 285
• 1907 La. LEXIS 659

Syllabus

<p>1. Appeal — Eeeect — Jurisdiction oe District Court.</p> <p>Though the district court can for purposes of its own jurisdiction pass on certain questions after it has granted an order of appeal, it cannot by its decree fix and determine the right of parties to an appeal to the Supreme Oourt.</p> <p>‘[Ed. Note. — For cases in point, see Cent. Dig. vol. 2, Appeal and Error, §§ 2191-2195.]</p> <p>2. Same — Review—Order Setting Aside Appeal.</p> <p>Where a district court has granted a party an order for a devolutive appeal and thereafter appellant has executed bond, cited the ap-pellee and lodged the transcript of appeal in the Supreme Court, the question whether appellant has a legal interest to appeal, and what that interest is, is for the Supreme Court to decide. Should the trial court (on the ground that appellant has no interest to appeal) set aside its own order of appeal under such circumstances, the rescinding order is itself subject to review by appeal to the Supreme Court, as a matter incidental to the appeal lodged in that court and as a matter necessary to be passed on in aid of its appellate jurisdiction.</p> <p>(Syllabus by the Court.)</p>