Powell v. Hernsheim

Decided May 15, 1885

Supreme Court of Louisiana · decided 1885-05-15

<p>Where,, upon «the return of tosbimony taken belowfunder our order and the report of the lower judge thereon, it appours that the judgment appealed from lias been voluntarily executed, the appeal will bo dismissed.</p>

Cited by 1 later decisions — most recently February 1909

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1885-05-15

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¶1The opinion of the Court was delivered by

Manning, J.

¶2The testimony taken below under our order and returned here with the judge’s report shews that the cheque of August *582' 16, 1884 was in full of Bessy Lutfc’s share of the Powell estate except a small sum left in the Hernsheim’s hands to cover certain contingencies, stated to he $247.16 in one place and in another $275.10.

¶3The motion to dismiss must therefore prevail.

¶4It is ordered that the appeal is dismissed, and that the defendants S. & I. Hernsheim recover of Charles Bauer tutor of Bessy Lutt the costs of taking testimony under our order and all other costs incident thereto.