Blanks v. Lephiew

61 So. 615, 132 La. 545, 1913 La. LEXIS 2268
CourtSupreme Court of Louisiana
DecidedMarch 3, 1913
DocketNos. 19,392, 19,393
StatusPublished
Cited by4 cases

This text of 61 So. 615 (Blanks v. Lephiew) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Blanks v. Lephiew, 61 So. 615, 132 La. 545, 1913 La. LEXIS 2268 (La. 1913).

Opinions

On Motion to Dismiss.

PROVOSTY, J.

[1] Motion is made to dismiss the appeal on the ground that the judge fixed the amount of the appeal bond at too low a figure.

A similar motion to dismiss was disposed [548]*548of by this court in Hughes v. Caruthers, 26 La. Ann. 530, thus briefly:

“The bond is for the amount fixed by the judge. It is therefore sufficient to maintain the appeal.”

The remedy of the appellee in case the bond has been fixed too low is to apply to the trial court for an increase; and, in case of refusal, to seek relief in the appellate court by appropriate writ.

The motion to dismiss is overruled.

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Related

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169 So. 449 (Supreme Court of Louisiana, 1936)
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144 So. 169 (Louisiana Court of Appeal, 1932)
Blanchard v. Haber
118 So. 117 (Supreme Court of Louisiana, 1928)
Stringfellow v. Nowlin Bros.
102 So. 869 (Supreme Court of Louisiana, 1925)

Cite This Page — Counsel Stack

Bluebook (online)
61 So. 615, 132 La. 545, 1913 La. LEXIS 2268, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blanks-v-lephiew-la-1913.