Saint v. Martel

Citations

• 122 La. 93
• 47 So. 413
• 1908 La. LEXIS 412

Syllabus

<p>1. Litigious Right.</p> <p>A right is not litigious, unless there exists a suit and contestation over the same. A title ceases to be litigious when final judgment is rendered in the cause, and its litigious character is not revived by subsequent litigation between the successful claimant and other parties, asserting title from the same author.</p> <p>2. Same — Purchase ojt Litigious Right.</p> <p>Article 2447 of the Civil Code forbids the purchase, under pain of nullity, of litigious rights by attorneys and other officers of court, when they fall under the jurisdiction of the tribunal in which they exercise their functions. This nullity is relative, and can be invoked only by the party to the suit against whom the right is to be exercised.</p> <p>3. Appeal and Error — Reversal—Remandment — Exceptions.</p> <p>When a suit is dismissed on an exception referred to and tried with the merits, and the judgment is reversed, the cause will be remánded for trial on the merits.</p> <p>(Syllabus by the Court.)</p>