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SUCCESSION OF DARBY v. GALLOWAY

No. 5125.

260 So.2d 343 (1972)

SUCCESSION of George DARBY v. Monroe GALLOWAY.

Court of Appeal of Louisiana, Fourth Circuit.

March 7, 1972.

Attorney(s) appearing for the Case

Louis C. Philips, New Orleans, for plaintiff-appellant.

Midlo & Lehmann, Rene Lehmann, New Orleans, for defendant-appellee.

Before STOULING, BOUTALL, and BAILES, JJ.

BAILES, Judge.

This matter is before us on a motion to dismiss this appeal. The ground urged for the dismissal is that "at the trial of this case on May 5, 1971, the Succession of George Darby, through Gilbert Darby and Mrs. Iona D. Bolds, codative testamentary executors has confessed judgment in the proceedings in the trial court and has voluntarily and unconditionally acquiesced in the judgment rendered against it, and therefore cannot take an appeal in this matter...

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