Zeller v. Switzer

ERROR to the Supreme Court of the State of Louisiana.

This action was brought upon a bond given to release the steamboat 'Frolic' from a provisional seizure. The defendants answered the petition Nov. 25, 1870, setting up several defences, and, Dec. 5, 1870, filed a peremptory exception. The court below, upon hearing, sustained this exception, and gave judgment in favor of the defendants. The defences set up in the answer were not passed upon.

From this judgment an appeal was taken to the Supreme Court, where a judgment was entered as follows:--

'On appeal from the Second Judicial Court, parish of Jefferson, it is ordered and adjudged that the judgment of the lower court be set aside; that the exception be overruled; that the case be remanded to be proceeded with according to law; and that the appellee pay costs of appeal.'

To reverse this judgment the present writ of error has been prosecuted.

Mr. John A. Grow moved to dismiss the writ of error for want of jurisdiction, the judgment below not being final.

Mr. E. T. Merrick and Mr. G. W. Race, contra.

Mr. CHIEF JUSTICE WAITE delivered the opinion of the court.