Supreme Court of Louisiana, 1880

Succession of Carroll

Supreme Court of Louisiana · Decided February 15, 1880 · Spencer

32 La. Ann. 141

Cases that cite this one

1 later published case cites this decision.

Greater New Orleans Homestead Ass'n v. Korner (La. 1930)

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

On Motion to Dismiss.

The opinion of the court was delivered by

Spencer, J.

The appellee has filed in this court his affidavit to the effect that the judgment appealed from was rendered by the consent and agreement of the parties to this suit. He prays that the appeal be dismissed.

*142Appellants deny the allegations of the appellee, and ask that the canse be remanded to try the issue thus made. Consent decrees cannot be appealed from ; but this court cannot sit as one of original ¡jurisdiction to try the issue here raised.

It is therefore ordered and decreed that this cause be remanded to the court a qua, for the sole purpose of trying the question, whether or not the decree appealed from in this cause was rendered by consent and agreement of parties.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.