Gonsoulin v. Bodenheimer & Bro.

Louisiana Court of Appeal

Gonsoulin v. Bodenheimer & Bro.

1 Teiss. 155, 1904 La. App. LEXIS 31

CourtLouisiana Court of Appeal

DecidedMarch 21, 1904

DocketNo. 3422

StatusPublished

This text of 1 Teiss. 155 (Gonsoulin v. Bodenheimer & Bro.) 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

Gonsoulin v. Bodenheimer & Bro., 1 Teiss. 155, 1904 La. App. LEXIS 31 (La. Ct. App. 1904).

Pincite

Opinion

DUFOUR, J.

Appellee’s motion to dismiss on the ground [156]*156that the appeal \vas not seasonably lodged here is met with the rejoinder that the lower judg'e erred in fixing the return day and that the motion to dismiss came too late.

March 21, 1904.

The motion of appeal was made on January 22, 1904, three days before our last return day for that month, and the appeal by order of the district judge was made returnable for the first Monday in February for want of time to complete the transcript before the next legal return, day. The transcript was filed here on February 11.

The Judge committed no error; he had the right, if the record could not be completed for the next return day, to fix a day which need not be a regular return day of this Court. Act 45, of I870-49 An. 968-39 An. 413.

The appellant should have filed his appeal here on the day fixed in the order. Failure to do so amounts to an abandonment of the appeal, and a motion to dismiss on that ground may be made at any time. 47 An. 1534.

Appeal dismissed.

Free access — add to your briefcase to read the full text and ask questions with AI