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227 La. 535

Vives v. Vives

Supreme Court of Louisiana

Decided March 21, 1955

Supreme Court of Louisiana · decided 1955-03-21

Relies on Vives v. Vives · Vives v. Vives

Decided 1955-03-21

HAMITER, Justice.

¶1While one phase of this partition proceeding was pending in this court, decree rendered June 1, 1953, 223 La. 708, 66 So.2d 617, the district court (on April 24, 1953) rendered a judgment decreeing that the notary public recast the proposed partition of the funds then in his hands ($3803.70), particularly with respect to certain costs and fees that were ordered charged against the mass.

¶2Plaintiff appealed to the Court of Appeal, Orleans Circuit, from the part of the judgment which she considered adverse to her interest. That court, concluding that it was without jurisdiction, transferred the appeal here. See 67 So.2d 329.

¶3When the cause came on for argument and submission appellant’s counsel announced that he had prepared no brief and desired to submit the matter on the transcript of appeal without oral argument. A similar announcement was made by appellees’ counsel.

¶4Since no error in the ruling' complained of has been pointed out and our careful *538examination • of' the record has disclosed none we cannot and will not disturb the judgment from which this appeal was taken.

¶5The judgment is affirmed.

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