City of New Orleans v. Langenstein

Louisiana Court of Appeal

City of New Orleans v. Langenstein

88 So. 2d 227, 1956 La. App. LEXIS 784

CourtLouisiana Court of Appeal

DecidedJune 25, 1956

DocketNo. 20612

StatusPublished

Cited by1 cases

This text of 88 So. 2d 227 (City of New Orleans v. Langenstein) 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

City of New Orleans v. Langenstein, 88 So. 2d 227, 1956 La. App. LEXIS 784 (La. Ct. App. 1956).

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Opinion

PER CURIAM.

Defendants appealed suspensively and de-volutively from the issuance of a preliminary injunction against them to -the Supreme Court of Louisiana, which court transferred the appeal to us for the reason that it had no jurisdiction. See 227 La. 770, 80 So.2d 402. The matter was argued before us on May 9, 1956, and due to- the fact that one judge was absent, we have ordered the matter set down for reargument. The City of New Orleans now moves to dismiss the suspensive appeal on the ground that there never was any notice given to it of the appellants’ intention to apply for the sus-pensive appeal, and there was no hearing had upon the application for same as provided by LSA-R.S. 13:4070.

The motion cannot prevail. This court is not concerned with whether there was such notice or a hearing upon the application for the appeal. These were merely formalities in connection with the taking of the appeal, and whereas the motion to dismiss was not filed within three days after the appeal was lodged in this court, we cannot consider it. Code Prac. art. 886.

Motion denied.

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PER CURIAM.

Defendants appealed suspensively and de-volutively from the issuance of a preliminary injunction against them to -the Supreme Court of Louisiana, which court transferred the appeal to us for the reason that it had no jurisdiction. See 227 La. 770, 80 So.2d 402. The matter was argued before us on May 9, 1956, and due to- the fact that one judge was absent, we have ordered the matter set down for reargument. The City of New Orleans now moves to dismiss the suspensive appeal on the ground that there never was any notice given to it of the appellants’ intention to apply for the sus-pensive appeal, and there was no hearing had upon the application for same as provided by LSA-R.S. 13:4070.

The motion cannot prevail. This court is not concerned with whether there was such notice or a hearing upon the application for the appeal. These were merely formalities in connection with the taking of the appeal, and whereas the motion to dismiss was not filed within three days after the appeal was lodged in this court, we cannot consider it. Code Prac. art. 886.

Motion denied.

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Bluebook (online)

88 So. 2d 227, 1956 La. App. LEXIS 784, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-new-orleans-v-langenstein-lactapp-1956.

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