Johns v. American Mut. Life Ins. Co.

Supreme Court of Louisiana

Johns v. American Mut. Life Ins. Co.

127 So. 882, 170 La. 402, 1930 La. LEXIS 1754

CourtSupreme Court of Louisiana

DecidedMarch 31, 1930

DocketNo. 29793.

StatusPublished

This text of 127 So. 882 (Johns v. American Mut. Life Ins. Co.) 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

Johns v. American Mut. Life Ins. Co., 127 So. 882, 170 La. 402, 1930 La. LEXIS 1754 (La. 1930).

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Opinion

*404 ROGERS, J.

Plaintiff, as the beneficiary, brought this suit to recover the amount of an insurance policy issued to her son by the defendant company. The suit was filed in the district court on May 19, 1928, and judgment was rendered by that court on November 23, 1928. This judgment, which rejected plaintiff’s demand, was read and signed on December 7, 1928. On the same day, namely, December 7, 1928, plaintiff applied for and was granted a devolutive appeal returnable to this court on January 21, 1929. The transcript of appeal, however, was not filed until February 19, 1929, and no extension of time was obtained by the appellant. Based on these facts, the defendant and appellee has moved to dismiss the appeal. The motion must be granted.

The settled rule is that, where an appellant perfects his appeal, but fails to file the transcript on or before the return day or within the period of grace following, and has not obtained an extension of the return day, he is conclusively presumed to have abandoned the appeal. Jacobs v. Weaver & Rivers, 167 La. 59, 118 So. 692.

For the reasons assigned, the appeal herein taken is dismissed.

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*404 ROGERS, J.

Plaintiff, as the beneficiary, brought this suit to recover the amount of an insurance policy issued to her son by the defendant company. The suit was filed in the district court on May 19, 1928, and judgment was rendered by that court on November 23, 1928. This judgment, which rejected plaintiff’s demand, was read and signed on December 7, 1928. On the same day, namely, December 7, 1928, plaintiff applied for and was granted a devolutive appeal returnable to this court on January 21, 1929. The transcript of appeal, however, was not filed until February 19, 1929, and no extension of time was obtained by the appellant. Based on these facts, the defendant and appellee has moved to dismiss the appeal. The motion must be granted.

The settled rule is that, where an appellant perfects his appeal, but fails to file the transcript on or before the return day or within the period of grace following, and has not obtained an extension of the return day, he is conclusively presumed to have abandoned the appeal. Jacobs v. Weaver & Rivers, 167 La. 59, 118 So. 692.

For the reasons assigned, the appeal herein taken is dismissed.

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127 So. 882, 170 La. 402, 1930 La. LEXIS 1754, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johns-v-american-mut-life-ins-co-la-1930.

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