State ex rel. Heintz v. Judges of the Fourth Circuit Court of Appeals

Citations

• 105 La. 309

Syllabus

<p>Syllabus.</p> <p>Where two persons are sued jointly in a petitory action and one of the co-defendants, in her answer, alleges that that part of the property in her possession was acquired by purchase from the co-defendant, on whom she calls to defend her title and possession and against whom she asks judgment in warranty in case of her eviction, and defendants being cast the co-defendant and warrantor alone appealing, this appeal is considered to have brought up the whole case and the judgment of the appellate court, in affirmance of the judgment of the trial court, is held to have finally disposed of the case as to all parties, and the other defendant cannot afterwards appeal from the same judgment.</p>