No. 20410 | La. | Dec 13, 1915
On Motion to Dismiss.
“The court had no right to proceed after the death of Edwards. The decree * * * is an absolute nullity.”
See, also, Johnson v. Murphey, 124 La. 143" date_filed="1909-06-14" court="La." case_name="Johnson v. Murphy">124 La. 143, 49 South. 1007; La. Ins. Co. v. Costa, 32 La. Ann. 5; Succession of Pickett, 41 La. Ann. 882" date_filed="1889-10-15" court="La." case_name="Succession of Pickett v. Pickett">41 La. Ann. 882, 6 South. 655. In Dorsey v. Hills, 4 La. Ann. 106" date_filed="1849-02-15" court="La." case_name="Dorsey v. Hills">4 La. Ann. 106, this court said:
“The decree * * * acquired no force * * * until it was entered upon the records” — citing the articles of C. P. according to which (article 544) “all judgments * * * must be * * * entered on the records,” and (article 546) “the judge must sign all * * * final judgments.”
In Consolidated, etc., Planters v. Mason, 24 La. Ann. 518" date_filed="1872-07-15" court="La." case_name="Consolidated Ass'n of the Planters v. Mason">24 La. Ann. 518, this court said:
“The judgment was not signed, and the appeal was nugatory.”
See Succession of Bougere, 29 La. Ann. 378" date_filed="1877-05-15" court="La." case_name="Succession of Bougère">29 La. Ann. 378.
The appeal is dismissed.