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47 La. Ann. 1348

Parker v. Bilgery

Supreme Court of Louisiana

Decided June 3, 1895

Supreme Court of Louisiana · decided 1895-06-03

<p>It appearing that since the appeal was obtained, and the transcript lodged in. this court, the appellants became adjudieatees of the judgment appealed from at a public auction sale, said fact operates, necessarily, as an acquiescence in the judgment, and will result in the dismissal of the appeal.</p>

Cited by 3 later decisions — most recently May 1963

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1895-06-03

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¶1On Application por Rehearing.

¶2Oounsel for appellants suggest that the reservation, as suggested in our opinion, should be embodied in the decree. To this there is no objection, and we will supplement our decree accordingly as follows, viz.:

¶3It is therefore ordered and decreed that, as appears from the *1351record and proceedings herein, the appellants have become adjudicatees of the judgment appealed from, and this operates as such an acquiescence therein as to necessitate the dismissal of the appeal, the dismissal of the appeal shall be without prejudice to their rights as adjudicatees, which are fully reserved.

¶4It is further ordered that, as thus amended, our former decree remain undisturbed.

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