Laicher v. New Orleans, Jackson, & Great Northern Railroad

Supreme Court of Louisiana

Laicher v. New Orleans, Jackson, & Great Northern Railroad

28 La. Ann. 320

CourtSupreme Court of Louisiana

DecidedMarch 15, 1876

DocketNo. 4643

StatusPublished

Cited by2 cases

This text of 28 La. Ann. 320 (Laicher v. New Orleans, Jackson, & Great Northern Railroad) 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.

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Laicher v. New Orleans, Jackson, & Great Northern Railroad, 28 La. Ann. 320 (La. 1876).

Pincite

Opinions

On Motion to Dismiss.

Wyly, J.

The plaintiff moves to dismiss this appeal because tho transcript was not filed in this court within three judicial days from the return day.

It appears that on tho twentieth ofj December, 1872, the defendant filed a petition for appeal, and the judge, in granting the order, omitted to fix a return day. Subsequently, to wit: on the eighth of March, 1873, he made an order fixing the return day on the third Monday of March, 1873, at which time the transcript was filed in this court.

[321]*321The fault in not fixing the return day is not attributable to the appellant. It was an error of the judge, and the appeal can not be dismissed on account thereof. Revised Statutes of 1870, section 36.

The motion to dismiss is therefore denied. 10 An. 779.

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