Volume 8 — Teissier's Louisiana Reports

<p>Appeal from the First City Court, Division “B.”</p>

<p>Questions of fact only are involved.</p>

<p>Mere suspicious circumstances alone are not sufficient to prove, as against the holder, notice of a defect in the title of ‘the person negotiating the note to him, but in such case 't-here must be proof of actual knowledge of the defect or oi facts sufficient to charge him with bad faith in taking the instrument.</p>

<p>I. A resolution by the board of directors of a corporation discharging an employee, is without effect to him until notified thereof, and will not bar his right to recover compensation for services rendered after such resolution, but before receiving notice thereof.</p> <p>2. Where the secretary of a corporation is present at a meeting of the board of directors and consents to a .resolution limiting the expenses of the corporation to a fixed sum' per month, but making no provision ifor any compensation for his services, the presumption is that he expected no compensation at the time, and he cannot afterwards be heard claiming that compensation is due him.</p>

<p>Appeal from the Civil District Court, Division “E.”</p>

<p>The dismissal of an appeal because of informality does not operate to deprive the appellant of his right to appeal, which can only be lost by lapse of time or by forfeiture through acquiescence in the judgment, or abandonment. A new appeal will be allowed and maintained if taken in time.</p>

<p>Appeal from tlie Civil District Court, Division “E.”</p>

<p>Issues of fact only are involved herein.</p>

<p>1. Contracts or policies of insurance are not cancelled by the insolvency of the Insurance Company and consequent forfeiture . of its charter; Civil Code 1901-2130, but such insolvency and forfeiture of charter constituted an active breach of the contract on the part of 'the company.</p> <p>Civil Code, 1931-1932.</p> <p>2. The assured cannot demand a specific performance of the contract, but can only demand the damages he may suffer by reason of the breach.</p> <p>Civil Code 1926-1927.</p> <p>3. WJhere the risk is one ágainst fire and no loss occurs before the distribution of the assets, the measure of the damages suffered by the assured is the amount of the premium remaining unearned.</p> <p>4. Where a loss occurs under the policy in time to be proved before the final distribution of the assets, the measure of the damages suffered by the assured is the amount which he would have received had the company continued to he a going and solvent concern.</p> <p>x. The obligation of.a contract is not impaired by the insolvency of the obligor. Hence the force of agreements made by a 'corporation continues undiminisbed notwithstanding the insolvency of such corporation or the forfeiture of its charter,</p> <p>a. A policy of insurance is a conditional obligation and under the Louisiana Code the happening of the condition relates back to the making of the contract. Hence when a loss occurs the policy holder is to be taken and held as having been a creditor for the amount .of his loss from the very time when the policy first issued.</p>

<p>Appeal from the Civil District Court, Division, “E.”</p>

<p>1. When several persons have become sureties for the same debt, . each of them primarily is individually liable for the whole of 'the debt, but this obligation is subject to the right to claim a division.</p> <p>2. The exception of division is a peremptory one which must be pleaded specially, and, until this right is exercised, the obligation is solidary.</p> <p>3. The issues of facts are resolved against the defendants.</p>

<p>Appeal from the Civil District Court, Division “B.”</p>

<p>Appeal from the Civil District Court, Division “A.”</p>

<p>Appeal from the 28th. Judicial District Court for the Parish of Jefferson.</p>

<p>Appeal from the Civil District Court, Division “C.”</p>

<p>Where a suit is brought for the use of the real parties in interest by a plaintiff duly authorized to bring it, and where the defendant is not deprived of any of his means of defense and will be protected by the judgment, the action will be maintained notwithstanding that technically the party before the court may not be strictly the proper plaintiff in .the case. .</p>

<p>Appeal from the Civil District Court, Division “E.”</p>

<p>ON MOTION TO DISMISS.</p> <p>An appeal will not be dismissed for lack of jurisdiction ratione materia where the appellant in an affidavit accompanying his motion for an appeal fixes the value of the matter in dispute at an amount sufficient to confer jurisdiction in the appellate court.</p> <p>ON THE MERITS.</p> <p>Where from a fair construction of a petition as a whole it does not appear ¡that the defendants in a possessory action are affirmatively charged' as joint trespassers, an exception of misjoinder of parties defendant is properly sustained and the suit dismissed</p> <p>Motion to dimiss denied and judgment affirmed.</p>

<p>While stipulations of counsel with reference to the disposition of a cause should be liberally construed, still the meaning of a stipulation to the effect that a judgment might be rendered and signed in vacation, should not be so extended as to constitute •said stipulation a waiver of citation in an appeal taken from said judgment during vacation.</p>

<p>Where defendant’s answer in the lower court confesses judgment to a part of plaintiff’s claim thereby reducing the amount in dispute to a sum less than one hundred dollars', this Court is without jurisdiction on appeal.</p>

<p>Where in an action in tort the proof upon the subject of the negligence charged is vague, uncertain and unsatisfactory and it appears that additional proof of a clear and positive character is easily available to the parties, a judgment of dismissal will be amended on appeal and changed to one of non-suit.</p>

<p>Appeal from the Civil District Court, Division “DU</p>

<p>Appeal from the Civil District Court, Division “D.”</p>

<p>1. A sale for city taxes of property previously adjudicated to the State is an absolute nullity.</p> <p>2. No prescription runs in favor of said title whilst the property continues to belong to the State.</p> <p>Constitution, Article 193. .</p>

<p>Appeal from the Civil District Court, Division “B.”</p>

<p>Appeal from the Civil District Court,,Division “ A.u</p>

<p>Appeal from the Civil District Court, Division “D.”</p>

<p>Appeal from the Civil District Court, Division “C.”</p>

<p>Appeal from the Civil District Court, Division “A.”</p>

<p>Appeal from the Civil District Court, Division “DA</p>

<p>Appeal from Civil District Court, Division “A.”</p>

<p>Appeal from the Civil District Court, Division “B.”</p>

<p>Where plaintiff claims a privilege upon and seizes as belonging to defendant, property in the possession of a third person, who intervenes to vindicate his right of possession or ownership, and plaintiff is non-suited on the main demand for failure to cite defendant, the proper judgment on the intervention is likewise one of non-suit and not of absolute dismissal, so that the status of the parties with reference to all matters, including the possession of the property, may be restored to the condition existing prior to plaintiff’s suit.</p>

<p>X. Proof of disturbance is essential to plaintiff’s recovery in a possessory action.</p> <p>■2. Possession of a part of a tract of land physically occupied by plaintiff is not disturbed by acts of trespass committed in other parts of 'the tract not thus physically possessed.</p> <p>3 The mere fact that one takes possession of property that he is advised belongs to another, will not make him a tenant or precarious possessor under the other; but, on the contrary, as a presumption of ownership flows from, possession, he will be presumed to hold adversely or in his own right.</p> <p>4 Corporal possession of a part under a permit to occupy the whole, accompanied by acts manifesting a clear intention to possess to the full extent of the permit, will confer a possession of the whole.</p>

<p>Appeal from tlie Twenty-Eighth Judicial District 'Court for the Parish of St. Charles.</p>

<p>1. Where one renders services beneficial to another at his request, a contract for renumeration is implied,for no one is presumed to serve gratuitously.</p> <p>2. Where one has performed valuable services to the decedent during his life at his .request under a promise of renumeration in the form of a legacy, and such promise is not performed, an action for recovery for these services upon a quantum meruit may be maintained on equitable grounds against his estate.</p>

<p>Issues of fact only are involved herein.</p>

<p>Appeal from the Civil District Court, Division “EL”</p>

<p>Appeal from the Civil District Court, Divsion “B.”</p>

<p>1, Actions to test the, correctness of assessments as to valuation,. must be instituted before November ist, of the year in which the assessment is made.</p> <p>2, Where there is in fact property on which to base an assessment the fact that it is grossly overvalued does not render the assessment null, so as to entitle the tax payer to seek relief ore that ground.-</p>

<p>Appeal from the Civil District Court, Division “E.”</p>

<p>Appeal from the Civil District Court, Division ‘‘BA</p>

<p>In a case involving liability for the communication of fire from a passing locomotive, where the absence of direct evidence is sufficiently accounted for, and where no fact elicited would justify the conclusion or even the suggestion that the fire might be attributed to another cause, the circumstantial evidence which shows that the fire started on a shingle roof covering an open platform immediately after a locomotive had passed only 17 1-2 feet distant therefrom; that no one was near the structure and no fire existed in any other part thereof at the time of or prior . ito the locomotive’s passage; that, recently, fires to this and-other structures in that location had started, under .similar circumstances, immediately after trains had passed; and, finally, that the risk from fire, already hazardous by reason of dry conditions, was increased by the “firing” of the locomotive as it reached the structure. — held, sufficient not only to support a finding that the fire was communicated from the passing locomotive, but also to establish a prima facie, case of negligence in the handling, maintenance or equipment of the locomotive.</p>

<p>Appeal from the First City Court, Division “C.”</p>

<p>In & suit upon a written contract evidence óf a subsequent oral agreement varying its terms is inadmissible.</p>

<p>On Motion to Dismiss.</p> <p>i. A suspensive appeal lies of right from a final judgment on the merits of a cause.</p> <p>3. A preliminary injunction was prayed for to prevent alleged irreparable injury, but was not allowed; after a trial on the merits a final judgment was rendered disposing of all the issues in the case and granting a permanent injunction-. Held; That defendant was entitled to appeal suspensively from said judgment.</p>

<p>Appeal from the Civil District Court, Division “A.”</p>

<p>Appeal from the Civil District Court, Division “C.”</p>

<p>Appeal from the Civil District Court, Division “C.”</p>

<p>Appeal from the Civil District Court, Division “C.”</p>

<p>A case- will not be remanded for the admission of evidence, even though improperly excluded, when the evidence is such, that, even if admitted, the result would not be changed.</p>

<p>Appeal from ¡the Civil District Court, Division “B.”</p>

<p>Appeal from the Civil District Court, Division “A.”</p>

<p>Appeal from the Civil District Court, Division “E. ”</p>

<p>Appeal from 'the Civil District Court, Division “A.”</p>

<p>Appeal from the Civil District Court, Division “A.’*</p>

<p>Appeal from the Civil District Court, Division “A.”</p>

<p>Appeal from the Civil District Court, División “-E.”</p>

<p>Appeal from the Civil District Court, Division “D.”</p>

<p>1. A defendant in a possessory action cannot convert it into a petitory one without the consent of the plaintiff, and the titles cannot be resorted to for any purpose beyond showing the nature and extent of the possession.</p> <p>2. It is difficult to fix the compensation to which one is entitled to for the invasion of his rights, the injury to his feelings, and the deterring punishment that will serve as a warning and an example; hence, the finding of the lower court will not be disturbed unless manifestly inadequate or excessive.</p> <p>3. Damages for a frivolous appeal will usually not be allowed when the claim is unliquidated and the quantum is a matter of judicial discretion and at best, therefore approximate.</p>

<p>I. There can be no sale “per aversionem” when the dimensions of the land sold are clearly stated in the deed and no adjoining tenements or fixed boundaries are mentioned.</p> <p>a. The prescription of ten years avails a possessor only in so far as his possession accords with his deed. What is not covered by his deed is possessed not under the deed but beyond it, and can be acquired only by the prescription of thirty years.</p> <p>.,3. A servitude of passage means the right to pass over one estate in order to reach another. Mere occupancy of a strip of land adjoining an estate and use thereof as a place to keep cattle, horses and vehicles, do not constitute an apparent servitude of passage.</p>

<p>Appeal from the Civil District Court, Division “A.”</p>

<p>Appeal from the Civil District Court, Division “D.”</p>

<p>That portion only of the costs, fees and expenses of a succession incurred in preserving and selling its movable property primes the privilege of the lessor thereon.</p>

<p>3. In a suit for damages on account of a 'trespass, 'the trouble and expense, including attorney’s fees,, the plaintni has been illegally put to, are to be considered in estimating the damages.</p> <p>A It is difficult to fix the compensation to which one is entitled for the invasion of his rights, the injury to his feelings, and the deterring punishment that will serve as an example; hence the findings o<f the lower court will not be disturbed unless manifestly inadequate or excessive.</p>

<p>■ Appeal from the Civil District Court, Division “ D. ”</p>

<p>Appeal from the Civil District Court, Division “E.”</p>

<p>■Issues of fact only are involved herein.</p>

<p>i. The policy of the law is in favor of permitting the joinder in one suit of all parties who are charged' with participation in an offense, or equal offense, whereby damage results, and 'whose obligations are averred to be in solido.</p> <p>Cline vs. C. C. R. R., et al, 41 An. 1041.</p> <p>2. The lessor is not answerable for the faults of his lessee, and if through the joint negligence of such lessee and some 'third person, the thing leased be injured, the lessor has a right of action against both.</p> <p>.3. The liability of the owner of a domestic animal for 'the damage it may cause, is not an unqualified one; there is no liability unless there be some fault.</p> <p>.4. Ordinary care requires only that precautions be taken against occurrences that can and should be foreseen; but does not require that one should anticipate unusual and improbable, though entirely possible, occurrences.</p> <p>5. It is not negligence per sc on the part of an owner or driver to leave for a short while unattended, but 'fastened with ordinary care, a horse, not vicious or unruly, and accustomed to the sights and noises usual in the streets of a city.</p> <p>6. The owner of a horse, not vicious or unruly, is not required to. secure him beyond all his power to break away even when frenzied by fear or pain. It suffices if the appliances which he uses be sufficient to check and restrain the animal on ordinary occasions.</p> <p>7. Any horse may be driven to a frenzy of fear or pain by unusual or startling noises or appearances, or injury inflicted upon him; and if the happening which drives the horse to frenzy could not reasonably have been foreseen, the owner is not at fault, since' the horse is a domestic animal, and such risks, connected with its use, are assumed by the public.</p> <p>Zambelli vs. Johnson, 115 Ta., 487.</p> <p>■ 8. A horse hitched to a laundry wagon was frightened by an elephant which came suddenly upon it in a city street. Held; That the appearance was a startling and unusual one, and could not reasonably have been foreseen.</p>

<p>Appeal from the First City Court, Division “B.”</p>

<p>Appeal from tlie First City Court, Division “C.”</p>

<p>Appeal from the Civil District Court, Division “D.”</p>

<p>Appeal from the Civil District Court, Division “A.”</p>

<p>The holders of concurrent mortgage notes share ratably in the proceeds of the sale of the mortgaged property made in execution of one of the notes.</p>

<p>Appeal from the Civil District Court, Division “C.”</p>

<p>1. Foreign corporations may do business in a State only by the grace and license of the State; when they do so they accept the laws of such State as they may be whilst such corporation remains' therein.</p> <p>2. Act 261 of 1908 and Act 284 of 1908 must be read together. Act 261 makes no distinction between foreign and domestic corporations, and applies to both alike. Act 284 provides a method of serving foreign corporations which is not exclusive, but only additional to that provided by Act 261.</p> <p>3. Service of garnishment process upon a corporation may be made in the same manner as any other process, and need not be “personal”</p>

<p>Only issues of fact are involved.</p>

<p>Appeal from the Civil District Court, Division “B.”</p>

<p>1. Where the petition tenders one issue, and the answer another, which ¡the plaintiff accepts, defendant cannot complain of the change of issues, brought about by his own pleadings.</p> <p>2. Under Act 229 of 19x0 appellate courts have a certain discretion as to costs; and where the .only error, in a judgment is ■small in amount and due to- oversight which might have been corrected by simply calling attention thereto, the appellant, who is otherwise unsuccessful, will be cast for the costs of the appeal.</p>

<p>Appeal from the Civil District Court, Division “B.”</p>

<p>Appeal from the First City Court, Division “B. ”</p>

<p>Questions of fact only are involved.</p>

<p>Appeal from the Civil District Court, Division “E.”</p>

<p>Questions of fact only are involved.</p>

<p>Questions of fact only are involved.</p>

<p>Appeal from tire Civil District Court, Division “E.”</p>

<p>Appeal from the Oivil District Court, Division “E.”</p>

<p>3. Where the proof shows that certain material required for its construction is delivered at the building from time to time as needed during the progress of the work, and further shows that material of the identical character or quality of that delivered is actually used in said construction, this is a prima facie showing that the material delivered was actually used, within the meaning of our building laws, in the construction of the building sufficient to cast upon defendant, as a matter of defense, the burden of proving what part, if any, of such material was not in fact thus used or was diverted to other purposes,</p> <p>a. A sworn statement which sets out in detail the dates and amounts of the several items of debits and of credits and which discloses whether the claim is for the furnishing of material, or of labor, or of both, evidences a compliance with the requirements of Act 134 of 1906 with reference to such “sworn statements.”</p>

<p>An appellate court is without power to amend, reverse or remand a judgment between co-appellees who have not appealed.</p>

<p>Appeal from the Civil District Court, Division “E.”</p>

<p>1. It is well settled that an administrator may, for the purpose of paying debts, sell the property of a succession in which minors are interested, without the advice of a family meeting and for less than its appraised value.</p> <p>2. The purchaser at such sale need not look beyond the order of the probate court, rendered on the petition of the administrator and recognizing the necessity for the sale.</p>

<p>Appeal from the Civil District Court, Division “D.”</p>

<p>íí WSiere the general manager of a corporation has power to employ and discharge, and no limitation has been placed on his. authority, he may make any contract of employment, the terms-of which are reasonable in the light of the circumstances under which it is made.</p> <p>2. Where the evidence showed that it would be mutually advantageous to both employer and employee, that the employment should have some stability and permanence about it,</p> <p>Held; That a contract for a year was reasonable and came within the scope of the authority of a general manager with power- to-employ and discharge.</p>

<p>Appeal from the First City Court, Division “C. ”</p>

<p>Wlliere, in a series of transactions, beginning with loans of money and the giving of notes, and continued by the giving of new notes in place of those outstanding when the latter mature, the borrower pays cash usurious interest, he may recover, by way of direct action or of defense, all such interest as he paid for two years back and which was not capitalized or included in the note.</p>

<p>Appeal from the First City Court, Division “A.”</p>

<p>Appeal from the Civil District Court, Division “A.”</p>

<p>1. Where the will gives to an heir at law only what the law itseli would give in the absence of a will, this is not such a legacy as will debar him from claiming a commission as executor under the will.</p> <p>■2. A bequest of an object of no pecuniary value, and having a sentimental value only, is not such a legacy as will debar an executor from receiving a commission for his services. The legacy to have that effect must bear some appreciable proportion to the commission which would have been earned.</p> <p>3. Where the heirs have -themselves rendered the services of the attorney for the succession more arduous than they otherwise would have been, his fees will he increased accordingly.</p>

<p>1. The method of fixing individual liability upon an owner, who has failed to comply with the provisions of Act 134 of 1906, is regulated by the statute, itself, and not by the Articles of the Civil Code relative to the method to be pursued in order to preserve the privilege as against third persons.</p> <p>2. Failure to serve 'the owner with a sworn statement, or to record the same in the mortgage office, within forty-five days after the completion of the building, is a matter of defense which need not be anticipated by the petition.</p> <p>3. Exceptions of no cause of action founded only upon defective pleadings, can not put an end to the controversy, and are not favored when based on mere failure to state “time, place and circumstances.”</p> <p>4. Where the error in the judgment appealed' from is attributable largely to loose pleadings on the part of the appellant, he will be taxed with the costs of his appeal even though ht. succeeded therein.</p>

<p>Appeal from the Civil District Court, Diivsion “D.”</p>

<p>Appeal from the Civil District Court, Division “B.”</p>

<p>Appeal from the Civil District Court, Division “EA</p>

<p>Appeal from the First1 City Court, Division “C.”</p>

<p>Appeal from the Civil District Court, Division “D.”</p>

<p>The cancellation and release of a mortgage upon the records made upon the false and fraudulent certificate of release of a notary, and without the knowledge and consent of the holder of the mortgage note in whose possession it was at the date of said release and of said cancellation, is of no effect as against the latter.</p>

<p>-Appeal from tbe Civil District Court, Division “B.”</p>

<p>1. In a suit for damages occasioned by a wrongful act, prescription commences to run not from the time the act was done, but from the time when damage was sustained in consequence of it.</p> <p>2. The facts of the case sustain the plea of prescription herein filed.</p>

<p>Questions of fact only are involved.</p>

<p>Issues of fact only are involved herein.</p>

<p>Issues of fact only are involved herein.</p>

<p>A judgment cannot be .annulled at the suit of one who was not a, necessary party thereto and whose rights are not adversely affected thereby.</p>

<p>A waiver by an attorney of certain legal formalities should not be extended beyond its plain meaning and clear import, and no construction should be adopted which, by implication, would extend the scope of such waiver beyond what was clearly intended and expressed by its written terms,</p>

<p>Where the verdict of a jury is manifestly erroneous, it will be set aside, and the judgment based thereon will be reversed.</p>

<p>Appeal from Civil District Court, Division “ C. ”</p>

<p>Appeal from the Civil District Court, Division “D.”</p>

<p>Appeal from the Civil District Court, Division “A.”</p>

<p>A plaintiff suing for the value of services rendered under a contract with one person cannot recover from another who did not employ him, however valuable the result of the services may have been to the latter.</p>

<p>Involves only issues of fact.</p>

<p>Appeal from the Civil District Court, Division “ C. ”</p>

<p>Appeal from the Civil District Court, Division “C.”</p>

<p>I. Proceedings authorized by law to enforce liens and privileges on personal property found in a parish other than defendant’s domicile, are in the nature of proceedings “in rem” and a petition in such proceeding, which states the amount of the debt and the nature of the privilege claimed, and prays that the property be seized and held to satisfy the debt, discloses a cause of action even though no personal judgment against defendant be prayed for.</p> <p>z. Where parties go to -trial -without objecting to the want of proper parties, it is too late to raise such objections on appeal.</p> <p>.3. Where a defendant though not cited takes cognizance of the pending of the sui-t, becomes a witness therein, and deals with one of the parties with reference thereto, abandoning unto him all interest in the subject matter of the suits, he m-ust be considered as having waived citation, and will be held bound by any judgment which may be rendered between the other parties. Having no further interest in the result between these parties, there is no reason to demand his further presence in the suit.</p> <p>4. Where plaintiff sues upon a claim, which he declares to be evidenced by notes for a like amount which he holds and will produce at the trial of the case, and as a witness in his own behalf fails to show any other indebtedness than that represented by the notes, his suit is one on the notes .themselves, and when these have been extinguished, the privilege by which his claim is secured will likewise be held to have been extinguished.</p> <p>5. One who, though claiming to be a mere stakeholder, fails to deposit the funds and surrender the property involved in the controversy, but retains the same in his possession and defends the suit, is properly condemned for the costs.</p> <p>Act 229 of 1910 vests this Court with the discretion of taxing the costs against the party who in its judgment should equitably bear the same.</p>

<p>Appeal from the Civil District Court, Division “A.”</p>

<p>Appeal from the Civil District Court, Division “D.”</p>

<p>1. It is well settled that however proper it may be to address the notice of delinquency to the person to whom the property is. assessed, nevertheless it is essential to the validity of a sale for taxes, that such notice be served upon the owner of record at the time.</p> <p>2. The right to redeem the property sold for taxes, and the action to annul the tax sale, exist concurrently and are not exclusive of each other.</p> <p>3. No law requires that a tender of the price paid at tax sale, with interest, etc, be made prior to the institution of a suit to annul such sale; but no judgment annulling said sale can have any effect until such price, etc, be paid to the purchaser.</p>

<p>One cannot recover damages for a tort, when he has suffered none by reason thereof.</p>

<p>Appeal from the Civil District Court, Division “E.”</p>

<p>Appeal from the Civil District Court, Division “B.”</p>

<p>Issues of fact only are involved herein.</p>

<p>Appeal from' the Civil District Court, Division “E.”</p>

<p>An action to rescind a donation for the non-execution of a condition imposed' upon the donee is’ prescribed where more than ten years have elapsed since the donee failed to fulfill his obligation.</p>

<p>Questions of fact only are involved.</p>

<p>Appeal from the Civil District Court, Division “C.”</p>

<p>1. A manufacturer who disposes of the 'thing which he has manufactured is properly and legitimately held presumptively to a knowledge of the qualities of the things he sells.</p> <p>2. He is bound to indemnify his vendor against latent defects which the latter could not by inspection have discovered for himself.</p>

<p>Under .Act 313 of' 1908 the delay for a suspensive appeal consists of twenty-four hours, said delay running from the moment said judgment is announced or rendered and not from the time of the signing thereof. Application for writ of mandamus denied.</p>

<p>Appeal front Civil District Court, Division “A.”</p>

<p>Appeal from the First City Court, Division PC.”</p>

<p>Where the record fails to show affirmatively that the amount irt dispute is between $ioo and $2000. This Court is without jurisdiction.</p>

<p>If a litigant thinks a sheriff’s return is incorrect, he may take a a rule on all parties in interest to have it corrected'; he cannot allow such return to be received in evidence without objection and then seek to attack it collaterally.</p>

<p>Appeal from the Civil District Court, Division “E.”</p>

<p>Appeal from the 29th Judicial District Court, Parish of Plaquemine.</p>

<p>1. Article 2749 Revised Civil Code, in reference to the discharge of employees without serious ground of complaint, applies to all persons, except menial servants, and embraces within its terms attorneys, who hire out their services for a fixed period.</p> <p>2. But a contract with an attorney-at-law, for an indefinite period and without any provisions for absolute compensation, is not a hiring of labor but a mandate governed by Article 3028 Revised Civil Code and revocable at the will of the principal.</p> <p>The character of an appeal is determined by the law itself, depending on the time at which it is taken and the amount of the bond furnished.</p>

<p>On Motion to Dismiss.</p> <p>Appeal from the Civil District Court, Division “E.”</p>

<p>Appeal from- 28th Judicial District Court, P-arish of St. Charles.</p>