From Casetext: Smarter Legal Research

Crais v. City of New Orleans

Supreme Court of Louisiana
Nov 3, 1930
130 So. 867 (La. 1930)

Opinion

No. 30229.

November 3, 1930.

Appeal from Civil District Court, Parish of Orleans; E.K. Skinner, Judge.

Suit by Andrew L. Crais against the City of New Orleans and others. From a judgment of dismissal, plaintiff appeals.

Appeal dismissed.

Richard A. Dowling, of New Orleans, for appellant.

Michel Provosty, City Atty., and Henry B. Curtis, Asst. City Atty., both of New Orleans, for appellees.


Plaintiff appeals from a judgment sustaining an exception of no cause of action and dismissing his suit. Defendants move to dismiss the appeal on the ground that it was taken from an unsigned judgment.

The record shows that the judgment was entered on the minutes, but fails to show that it was signed by the judge. Hence, appellees' motion must be granted. It is well settled that no appeal lies from an unsigned judgment and that the rule applies to a judgment dismissing a suit on an exception of no cause of action. River Rails Terminals, Inc., v. Louisiana Ry. Nav. Co., 157 La. 1085, 103 So. 331, and authorities therein cited.

For the reasons assigned, the appeal herein is dismissed at appellant's cost.


Summaries of

Crais v. City of New Orleans

Supreme Court of Louisiana
Nov 3, 1930
130 So. 867 (La. 1930)
Case details for

Crais v. City of New Orleans

Case Details

Full title:CRAIS v. CITY OF NEW ORLEANS. ET AL

Court:Supreme Court of Louisiana

Date published: Nov 3, 1930

Citations

130 So. 867 (La. 1930)
130 So. 867

Citing Cases

Vidrine v. Soileau

The judgment rendered and signed is what forms the basis of the appeal in any case; in its absence the appeal…

State v. Police Jury of St. James Parish

State ex rel. Dixon v. Judge, 26 La.Ann. 119; Saloy v. Collins, 30 La.Ann. 63; Hauch v. E. C. Drew Inv. Co.,…