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126 La. 1

Eckhardt v. Materne

Supreme Court of Louisiana

Decided March 28, 1910

Supreme Court of Louisiana · decided 1910-03-28

<p>Appeal from Fifteenth Judicial District Court, Parish of Calcasieu; Winston Over-ton, Judge.</p> <p>Action by John Eckhardt against E. A. Máteme and others. Judgment for defendants, and plaintiff appeals.</p>

Relies on Carondelet Canal Navigation Co. v. City of New Orleans

Dismissed · Decided 1910-03-28

PROVOSTY, J.

¶1This 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.

¶2Appeal dismissed.

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