124 LA 108 - Corbitt v. Hanson

How this case has been cited

Cited by 4 later decisions — most recently February 1950

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1On Rehearing.

LAND, J.

¶2The judgment below rejected the demands of the two plaintiffs with costs, and awarded the fund to O. B. Law. D. E. Corbitt appealed. Morris Jouvenat, the other plaintiff, has not appealed. A judgment cannot be amended as between coappellees. Fields v. Creditors, 11 La. Ann. 545; Converse, Kennett & Co. v. Steamer Lucy Robinson, 15 La. Ann. 433; Lallande v. McRae, 16 La. Ann. 195; Porche v. Lang, 16 La. Ann. 312; Succession of De Egana, 18 La. Ann. 265; Jamison v. Barrelli, 20 La. Ann. 452. Hence the judgment below should not have been disturbed as between Jouvenat and Law.

¶3We have reviewed all the evidence in the record, and see no good reason to change our decree on the facts.

¶4We therefore amend and recast our former decree herein so as to read as follows: ■

¶5The judgment appealed from is affirmed in so far as it rejects the demand of Morris Jouvenat, with costs, and discharges the defendants E. T. Lamkin, R. Hanson, trustee, and the Monroe Lumber'Company; in all other respects it is set aside; and it is now ordered, adjudged, and decreed that the sum of $6,166.67 deposited in the registry of the court below be paid one-half to the plaintiff D. E. Corbitt, and the remainder to the defendant O. B. Law; and that the said defendant Law pay the costs incurred by the said plaintiff Corbitt in the district court, | and also costs of appeal. And with this amendment the applications for rehearing are refused.