Bishop-Wyatt Co. v. Latin-American Life & Casualty Ins. Co.

Louisiana Court of Appeal

Bishop-Wyatt Co. v. Latin-American Life & Casualty Ins. Co.

125 So. 167, 12 La. App. 58, 1929 La. App. LEXIS 741

CourtLouisiana Court of Appeal

DecidedDecember 16, 1929

DocketNo. 13,171

StatusPublished

Cited by5 cases

This text of 125 So. 167 (Bishop-Wyatt Co. v. Latin-American Life & Casualty Ins. Co.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bishop-Wyatt Co. v. Latin-American Life & Casualty Ins. Co., 125 So. 167, 12 La. App. 58, 1929 La. App. LEXIS 741 (La. Ct. App. 1929).

Pincite

Opinion

WESTERFIELD, J.

Appellee moves to dismiss this appeal upon the ground that the motion to appeal was not granted in open court but in chambers, and no citation of appeal was served upon appellee and none asked for in the motion of appeal.

The motion for appeal, which was from a judgment of the civil district court for the parish of Orleans (which is in continuous session) does not affirmatively show that it was granted either in open court or in chambers. The presumption is, however, that, since the appeal was asked for on motion, that it was granted in open court. Marsh vs. Avegno, 3 La. App. 294.

The case of Ducre vs. Succession of Ducre, 167 La. 133, 118 So. 864, is not in point, for the reasons given in the case of Wilson James vs. City of New Orleans (No. 11,883 of our docket) 125 So. —, decided October 21, 1929.

For the reasons assigned, the motion to dismiss the appeal must be denied.

Motion to dismiss appeal denied.

HIGGINS, J., takes no part.

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