Theses de appellationib. attentatis et inhibitionibus

or if the jurisdiction of the judge of appeal has been called into doubt.

LII.
But it is never decreed when the appeal is from an extrajudicial grievance, or from a third party, or when a nullity which is not notorious has been brought into judgment.

LIII.
In place of a conclusion, it is established that the process of appeal is vitiated by the omission of the contesting of the suit, the Chamber's ordinance so providing.

LIIII.
In a cause of appeal, if the appeal was made from a simple interlocutory one, it is sufficient, according to the Chamber's ordinance, to repeat the instrument of appeal in place of a formal complaint: it is otherwise if the appeal was made from a definitive sentence, or an interlocutory one having the force of a definitive one.

LV.
In a cause of appeal, there is no place for a counter-claim, according to the common opinion of the learned doctors.

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