No. 54 | La. | Jul 15, 1869
This is a proceeding to compel the defendant, H. M. Bry, clerk of .the District Court and ex officio clerk of the Parish Court of the parish of Ouachita, to place on the docket of the said Parish Court the suit of Joseph T. Swan v. Ann L. Gayle, administratrix of William II. Gayle, number 771, on the docket of the said District Court for the said parish. After answer filed and trial upon the issue made, judgment was rendered making the rule absolute, and ordering the defendant, II. M. Bry, clerk of the District Court of the parish of Oua-chita, to place the said suit on the docket of the Parish Court, to be proceeded in and determined according to law. Prom this order or decree the defendant took a devolutive appeal, and Mrs. Gayle, admin-istratrix, the defendant in the .suit, transferred, upon alleging that the said order will cause irreparable injury to her, the succession and creditors thereof, obtained a suspensive appeal.
This proceeding is in the nature of a mandamus, and there is nothing to show that the interest of either’ party in the. matter in dispute
We notice, of our own motion, our want of jurisdiction.
It is therefore ordered that the appeals herein be dismissed at tho costs of the appellant.