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Globe Realty Co. v. Vix

GLOBE REALTY CO., Limited v. VIX. In re GLOBE REALTY CO., Limited

Globe Realty Co. v. Vix, 44 So. 997 (La. 1907)
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Court
Supreme Court of Louisiana · State Highest Courts
Decided
November 18, 1907
Docket
No. 16,852
Judges
Monroe
Citations
44 So. 997120 La. 951907 La. LEXIS 611
Disposition
Dismissed.
Syllabus
Courts — Court on? Appeal — Jurisdiction. The Court of Appeal is the proper tribunal to review the action of the district court fixing the amount of the costs of an appeal from the one tribunal to the other. (Syllabus by the Court.)
Summary
Action by the Globe Realty Company, Limited, against Caroline Vix, widow of Angelo Cotonio. Judgment condemning defendant to pay costs of appeal to the district court made absolute, and plaintiff applies for writs of certiorari and prohibition.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Monroe

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MONROE, J.

Relator complains that, in a suit in which it was condemned by the Court of Appeal to pay the costs of an appeal to that tribunal, the district court made absolute a rule taxing those costs at $22.50, and that certain items, included in that amount, are unauthorized by law. Wherefore it prays that this court review the action of the district court by means of the writ of certiorari.

The Court of Appeal is, however, the proper tribunal to interpret and enforce the execution of judgments rendered by it in the exercise of its appellate jurisdiction. Const. art. 104; Code Prac. art. 629; Brown v. Land Co. et al., 49 La. Ann. 1779 , 23 South. 292 ; State ex rel. Johnson v. Judges, 107 La. 69 , 31 South. 645 .

It is therefore ordered, adjudged, and decreed that the restraining order herein made be rescinded, and this proceeding dismissed, at the cost of the relatrix.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1913: 11953: 119132026peak 1913 · 1

Relies on it most ⓘ

  1. Vives v. Vives67 So. 2d 329 (La. Ct. App. 1953)
  2. In re Land Development Co.11 Teiss. 160 (1913)

Most recent

  1. Vives v. Vives67 So. 2d 329 (La. Ct. App. 1953)
  2. In re Land Development Co.11 Teiss. 160 (1913)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
State ex rel. Johnson v. Judges Court of Appeals, 107 La. 69 (1901) 16
Brown v. Pontchartrain Land Co., 49 La. Ann. 1779 (1897) 10

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