Opinion

Succession of Pomeroy

22 La. Ann. 518 · Supreme Court of Louisiana · Jul 15, 1870

Full text

Succession of Pomeroy—Opposition to Account of D. J. Elder

Opinions in this case

Majority — Taliaferro
On rehearing — Ludeling

Taliaferro, J. A motion to dismiss the appeal filed on the first day of the present term is made, and several grounds are stated in support of the motion. The counsel for the appellees contend that, as the case stands now on appeal filed at the August term of this court, 1869, and is still pending in this court, the court below was without jurisdiction to grant an appeal. This ground is well taken. See 12 Rob. Reports, 320, It is therefore ordered that the appeal filed at the present term of this court be dismissed, at costs of the appellant.

Parentheticals

dismissing second appeal in same case and holding that when the trial court grants an appeal and that appeal “is still pending in this court, the court below was without jurisdiction to grant an appeal”
John Brewster Ohle, III v. Hugh A. Uhalt, Individually, and Ecetra N. Ames, Through Her Duly Appointed Legal Guardian, Hugh A. Uhalt