Hyatt v. Lindner

Supreme Court of Louisiana November 30, 1914

Hyatt v. Lindner, 136 La. 184 (La. 1914)

66 So. 773; 1914 La. LEXIS 1925

Sty

Opinion of the Court

PRO YO STY, J.

The object of the present suit was to clear the property of plaintiff’s, judgment debtor of certain mortgages alleged to be simulated, in order that plaintiff might execute her judgment; but after this suit had been filed and tried, plaintiff’s said judgment was annulled on appeal, so that plaintiff no longer has any judgment to execute, and this suit is functus officio.

This suit is therefore dismissed, at plaintiff’s cost in both courts.

Reference

Full Case Name: HYATT v. LINDNER
Status: Published
Syllabus: (Syllabus by Editorial Staff.) Appeal and Error A suit by a judgment creditor to clear his. debtor’s property of mortgages alleged to be simulated, so that the judgment may be executed, becomes functus officio where, pending trial, the judgment is annulled on appeal, and the suit must be dismissed. [Ed. Note. — For other cases, see Appeal and Error, Cent. Dig. §§ 47, 3132, 4383, 4384; Dec. Dig.