Hauch v. E. C. Drew Inv. Co.
Cases that cite this one
12 later published cases cite this decision.
- State ex rel. Poche v. Police Jury of St. James Parish (La. 1959)
- Fidelity & Casualty Co. of New York v. Callicott (La. Ct. App. 1955)
- Succession of Savoie (La. 1940)
- Mossler Acceptance Co. v. Moliere (La. Ct. App. 1938)
- Depetro v. Mitchner (La. Ct. App. 1931)
- Adler & Co. v. Moses (La. Ct. App. 1927)
- River & Rails Terminals, Inc. v. Louisiana Ry. & Nav. Co. (La. 1925)
- Hotard v. Dupont (La. Ct. App. 1925)
- Franke v. Shaw (La. 1923)
- James v. St. Charles Hotel Co. (La. 1919)
- Mitchell v. Shreveport Creosoting Co. (La. 1909)
- State ex rel. Hodge v. Oliver (La. 1918)
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
This is a suit for the recovery of damages alleged to have arisen ex contractu, which was dismissed upon an exception of no cause of action. It appears, however, that the judgment from which the plaintiff has attempted to appeal was not signed, and the appellee moves to dismiss the appeal on that ground. The motion must be sustained. To quote the language of this court, in a case heretofore decided:
“The effect of the decree of the district court, sustaining the exception of no cause of action, is necessarily in the nature of a final judgment, and has the effect of terminating the litigation upon the issue stated. In other words,*490 the same suit could not be renewed and another judgment provoked on the same cause of action. Such being the case, * * * the appeal is necessarily premature.” Nicholls v. Maddox, 52 La. Ann. 496, 26 South. 994.
It is therefore ordered, adjudged, and decreed that the appeal herein be dismissed, at the cost of the appellant.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.