Reddick v. White

Decided May 15, 1894

Supreme Court of Louisiana · decided 1894-05-15

PPEAL from the Civil District Court, Parish of Orleans. Bightor, J. On Motion to Dismiss. The judgment allowing this proceeding in forma pauperis was rendered contradictorily with the defendant in the District Court, and he having neither appealed nor excepted thereto can not urge objections thereto by a motion to dismiss the appeal. The granting of an application 1 o proceed in forma pauperis lies with the District Judge. 38 An. 423.

Good law ✅— No negative treatment on recordhow we know

Decided 1894-05-15

How this case has been cited

Cited by 17 later decisions — most recently November 1993

1 federal appellate · 15 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.

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¶1On Application by Plaintiff for Rehearing.

¶2As the record does not furnish the basis to adjust the controversy we will so far modify our previous opinions as to reserve for determination, when the case comes again before us, the questions of interest claimed by plaintiff and whether he is entitled to any subrogation to the mortgage rights of Bowland or the judgment rights of Black and Davis. In making this reservation we are not to be understood as acquiescing in the views of plaintiff’s counsel advanced in support of the application for rehearing, We simply reserve the questions.

¶3It is therefore ordered, adjudged and decreed that the former opinion and decree be modified to the extent stated and the cause be remanded for the purposes stated in the original opinion and decree, and although we think all the testimony needed has been indicated, with the right of the parties to offer, besides, such testimony as they deem pertinent.

¶4Rehearing refused.