Opinion

Succession of Edwards

  • 34 La. 216
Court
Supreme Court of Louisiana
Filed
Mar 15, 1882
Status
Published
Author
Bermudez
On the bench
Bermudez, Fenner, Levy, Poems
Cited by
0 cases

The opinion

On Petition for a Rehearing.

The opinion of the Court was delivered by

Bermudez, C. J.

The motion to dismiss having been overruled, the movers, who are the executors of the deceased, have applied for a rehearing.

The decree complained of was not a final judgment. It was a more interlocutory order, C. P. 538, rendered on a preliminary matter.

It is only where definitive judgments are rendered, which dispose of cases before this Court, that applications for a rehearing can bo made and entertained. A final judgment is one which decides all the points in controversy between the parties, and which may have the effect of res adjudícala.

Had the motion to dismiss prevailed, the judgment sustaining it would have been a final judgment, and the appellant would have a right to petition for a rehearing. C. P. 911, 912, 539.

Application dismissed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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