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In re the Board of Administrators Praying for Recognition of Mortgage & Recovery of Assessment in the Fourth Drainage District

In the Matter of the Board of Administrators Praying for Recognition of Mortgage and Recovery of Assessment in the Fourth Drainage District

In re the Bd. of Administrators Praying for Recognition of Mortg. & Recovery of Assessment in the Fourth Drainage Dist., 37 La. Ann. 916 (1884)
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Court
Supreme Court of Louisiana · State Highest Courts
Decided
May 15, 1884
Docket
No. 9012
Judges
Bermudez
Citations
37 La. Ann. 916
Headnotes
-fudgniemts which are absolute nullities cannot be revived. They cannot be continued in existence, when they never had any life. [Note of tub Revorter.—This opinion was not reported in full in the .‘lf)lh Annual. II is thought proper to report it in full now.]
Summary
APPEAL from the Civil District Court- for the Parish of New Orleans. Lamms, J.

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

Opinion of the Court — Bermudez

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*917 The opinion of the Court was delivered by Bermudez, C. J.

This is an action by John Crossley •& Sons, representing themselves to be warrant holders for a large amount to be paid out of drainage assessments, to revive the judgments herein rendered in February and March, 1873. They claim that they ha ve'sufflcient interest to authorize them to seek the revival, in as much as the City of New Orleans has declined doing so and that unless proper proceedings are had within the ten years following tlie rendition of the judgments, they will die away by the lapse of time.

The main defense set up is that the judgments sought to be revived are absolute nullities and cannot be given a force and effect, a life, which they never possessed.

Tlie District Judge in an elaborate opinion sustains that defense.

Tt is unnecessary to revive the jurisprudence which is well seated and which is, as contended, that a judgment which is an absolute nullity cannot be revived.

The judgments in questiou were decreed by this Court to be such nullities. The consequence is that they cannot be revived. 30 Ann., 303, 692; 33 Ann., 63; 34 Ann. 97; 35 Ann. 70.

Judgment affirmed.

How later courts describe this case

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

1908: 11985: 119082026peak 1908 · 1

Relies on it most ⓘ

  1. Weaver v. Webb, Galt & Kellogg60 S.E. 367 (Ga. Ct. App. 1908)
  2. Gilbert v. Pearson478 So. 2d 937 (La. Ct. App. 1985)

Most recent

  1. Gilbert v. Pearson478 So. 2d 937 (La. Ct. App. 1985)
  2. Weaver v. Webb, Galt & Kellogg60 S.E. 367 (Ga. Ct. App. 1908)

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.

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