Home/Supreme Court of Louisiana/Fisher v. International Brotherhood of Electrical Workers, Local No. B-130

Fisher v. International Brotherhood of Electrical Workers, Local No. B-130

48 So. 2d 911, 218 La. 243, 1950 La. LEXIS 1067
CourtSupreme Court of Louisiana
DecidedNovember 6, 1950
Docket39937
StatusPublished
Cited by18 cases

This text of 48 So. 2d 911 (Fisher v. International Brotherhood of Electrical Workers, Local No. B-130) 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
Fisher v. International Brotherhood of Electrical Workers, Local No. B-130, 48 So. 2d 911, 218 La. 243, 1950 La. LEXIS 1067 (La. 1950).

Opinion

PONDER, Justice.

The appellee’moves to dismiss the appeal' in this casé on the grounds that he was-not served with a citation of the appeal and that the appeal bond was not timely filed.

The trial court. sustained a plea to the-jurisdiction of the court ratione personae and gave judgment dismissing plaintiff’s-suit. The judgment was read and rendered on March 16, 1949 and signed on March-22, 1949. A motion for a devolutive appeal-was signed by the Civil District Judge on-March 13, 1950 and an appeal was granted. *246 returnable to the Supreme Court on April .24, 1950. The bond was not filed until April 6, 1950, more than one year from the date of the signing of the judgment.

No appeal will lie after a year has expired, to be computed from the day on which the final judgment was rendered. Article 593, Code of Practice.

It is well settled that the time limit of one year for the taking of a devolutive appeal is a limit of time in which the taking of appeal must be completed by the filing of the appeal bond. Code of Practice, Article 593; Lafayette v. Farr, 162 La. 385, 110 So. 624; Mount Olive Baptist Church v. New Zion Baptist Church, 198 La. 896, 5 So.2d 144; Dickerson v. Hudson, 201 La. 915, 10 So.2d 700.

For the reasons assigned, the appeal is dismissed at appellant’s cost.

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Bluebook (online)
48 So. 2d 911, 218 La. 243, 1950 La. LEXIS 1067, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fisher-v-international-brotherhood-of-electrical-workers-local-no-b-130-la-1950.