Woodville v. Klasing

Citations

• 51 La. Ann. 1057
• 25 So. 635
• 1899 La. LEXIS 519

Syllabus

<p>Syllabus.</p> <p>(1) The District Court has jurisdiction to determine the appellees have a right-to proceed with their execution. , Its dismissal of the suspensive appeal had only.that effect, and left the judgment debtor to whatever right sh«may have to a devolutive appeal. The dismissal of the suspensive appeal did not prejudice whatever right she may have had to a devolutive appeal.</p> <p>(2) A suspensive appeal bond must be one-half over .and above judgment and-interest.</p> <p>(3) While it is true that the amount of the bond, as fixed by the district judge; will suffice for a devolutive appeal, though not enough for a suspensive appeal ; it will not be sufficient if it is not preceded by any order whatever.</p> <p>(4) An order was entered, dismissing the appeal. Prom that judgement, only,defendant appealed. Defendant did not appeal from the moneyed judgment rendered against her. It follows appellees could not join in an appeal from-a judgment from which no appeal had been lodged before the Supreme-Court, and the amendments prayed for remained without effect, as related to a judgment not before the court.</p>