Brooks v. Smith
This text of 45 So. 388 (Brooks v. Smith) 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.
Opinion
On Motion to Dismiss Appeal.
Defendants (appellees) move to dismiss the appeal in this case on the ground that a previous appeal was dismissed because of the failure of the appellants to bring up the transcript within the delay fixed. The fact being as stated (Brooks v. Smith, 118 La. 758, 43 South. 399), the motion must prevail. When an appeal is dismissed for failure of the appellant to file the transcript in time, it is considered abandoned, and cannot afterwards be renewed. Code Prac. art. 594. Bienvenu v. Insurance Co., 33 La. Ann. 209; Succession of Llula, 42 La. Ann. 475, 7 South. 585; Mut. B. & L. [455]*455Ass’n v. Church, 49 La. Ann. 880, 21 South. 517.
It is therefore ordered that the appeal be dismissed.
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Cite This Page — Counsel Stack
45 So. 388, 120 La. 454, 1908 La. LEXIS 527, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brooks-v-smith-la-1908.