Eckhardt v. Materne

Supreme Court of Louisiana
Eckhardt v. Materne, 126 La. 1 (La. 1910)
52 So. 172; 1910 La. LEXIS 597
Provosty

Eckhardt v. Materne

Opinion of the Court

PROVOSTY, J.

This is a suit in nullity of judgment. Pleas of res judicata and es-toppel were interposed. Prom an entry on the minutes informing us that these pleas were sustained, and from the fact that plaintiff. appeals, we infer that plaintiff’s suit was dismissed; but there is no judgment in the transcript. In the absence of a judgment from the transcript, this court is bound to dismiss the appeal ex proprio motu. Carondelet Canal Co. v. City of New Orleans, 44 La. Ann. 394, 10 South. 871.

Appeal dismissed.

Reference

Full Case Name
ECKHARDT v. MATERNE
Cited By
1 case
Status
Published
Syllabus
'(Syllabus by Editorial Staff.) Appeal and Error (§ 792*) — Dismissal—Ex Proprio Motu. In the absence of a judgment in the transcript, the Supreme Court is bound to dismiss the appeal ex proprio motu. [Ed. Note. — Por other cases, see Appeal and Error, Cent. Dig. §§ 8137-3141; Dec. Dig. § 792.*]