Mutual Life Insurance v. Houchins

Citations

• 52 La. Ann. 1137

Syllabus

<p>Syllabus.</p> <p>On Motion to Dismiss Appeal.</p> <p>1. Denial of the right of appeal — a motion to dismiss which strikes at the foundation of the right itself — is not one of those which must be filed within three days of the time allowed the appellee for appearance and answer.</p> <p>2. A third person appealing from a judgment rendered in a controversy between others, is entitled to avail herself of everything in the record affecting her rights, to the end of showing that as between the parties the judgment is erroneous and that if corrected as to them, and a right judgment rendered,, her rights will not be injuriously affected.</p> <p>3, This court will not anticipate, on a motion to dismiss, the Issues which appellant (a third person) proposes to submit to it.</p> <p>4, The test of the right of a third person to appeal is not that the judgment should operate as res judicata as regards such person. The true test is, rather, whether the third person asserts an interest in the res, or subject matter of the judgment.</p> <p>On the Merits.</p> <p>An assignment of an undivided interest in a policy of life insurance by an heir of the beneficiary to a third person without reciting a consideration must be esteemed a donation; and, considered as such, to have effect, it should be passed before a notary and two witnesses as required by law, otherwise same will not be enforceable.</p>