New Orleans, Ft. J. & G. I. R. v. New Orleans Southern Ry. Co.

Citations

• 124 La. 471
• 50 So. 467
• 1909 La. LEXIS 485

Syllabus

<p>1. Return Day oe Appeal.</p> <p>The appeal was made returnable within 10 days from the date of the order of appeal as required by Act No. 159, p. 312, approved July 14, 1898.</p> <p>2. Appeal and Error (§ 344*) — Action—Appeal — Time eor Taking.</p> <p>The judgment was signed appointing the receiver. The judgment making such an appointment should be signed, and, in consequence, the time for taking the appeal is not counted from the day that the judge a quo orally announces his appointment in open court.</p> <p>3. Other Issues.</p> <p>There were .other grounds urged, not connected with the application for the appointment of a receiver.</p> <p>As to these, the appellant has in any event the right to be heard.</p> <p>The demand for the appointment of a receiver does not preclude the applicant for the appointment from urging other grounds.</p> <p>4. Appeal and Error (§ 364*) — Return Day eor Appeal — Fixing by Court — Mistake.</p> <p>In any event, the date of -the return day of the appeal was fixed by the judge of the district court.</p> <p>5. Railroads (§ 131*) — Leases — Parallel and Competing Roads.</p> <p>The object of the present suit is to have a lease which was entered into between the plaintiff company and the defendant annulled, avoided, and set aside on the ground that it was ultra vires of both companies, and was in contravention of the provisions of Act No. 74, p. 101, of 1902, on the ground that the two railroads “were parallel and competing roads.” The district court rejected the demand of the plaintiff, and for reasons assigned that judgment is affirmed.</p> <p>(Syllabus by the Court.)</p>