Braunsdorff v. Fay
Cases that cite this one
1 later published case cites this decision.
- Milliken & Farwell v. Taft Mercantile Co. (La. Ct. App. 1927)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Defendants are appellants from a final judgment rendered against them in this suit.
No issue was joined between the parties, by appearance or answer of defendants, or by judgment by default taken against them.
From the evidence, it appears that defendants are indebted to plaintiff; but, as the cause is not at issue, no judgment can be given.
Before a cause is at issue, either expressly or tacitly, a final judgment cannot be validly rendered. See 7 N. S. 287.
It is therefore decreed that the judgment of the District Court be avoided and reversed, that plaintiff pay the costs of appeal, and that the case be remanded to said Court for further proceedings.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.