State ex rel. Fitzpatrick-Cromwell Co. v. Ellis

Citations

• 106 La. 715

Syllabus

<p>Syllabus.</p> <p>Where a defendant, having admitted part of the claim set up against him and judgment having been taken for the amount so admitted with reservation of plaintiff’s right to continue the action for the disputed balance, appeals suspensively from such judgment, this appeal bears only on that part of the cause merged in the judgment, and does not affect the case as to the balance of the claim left in dispute, and the plaintiff may demand trial of the issue thus left open, notwithstanding the appeal.</p> <p>The writ of prohibition applied for is denied.</p>