Lopez v. Duvic

Louisiana Court of Appeal

Lopez v. Duvic

14 Teiss. 239, 1917 La. App. LEXIS 39

CourtLouisiana Court of Appeal

DecidedJanuary 9, 1917

DocketNo. 6951

StatusPublished

This text of 14 Teiss. 239 (Lopez v. Duvic) 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

Lopez v. Duvic, 14 Teiss. 239, 1917 La. App. LEXIS 39 (La. Ct. App. 1917).

Pincite

Opinion

His Honor,

JOHN ST. PAUL,

rendered the opinion and decree of the Court, as follows:

Plaintiff brought this suit, lost it below, and at the next term of Court appealed by simple motion without citation to the defendant or prayer that he be cited.

The appeal by motion in open court, without citation to the appellee, must be made at the same term of Court at which the judgment was rendered. If taken afterwards the appellee must be cited. Smith v. O’Reilly, 134 La., 635.

The appeal must therefore be dismissed.

The appellant claims an agreement between counsel relative to the manner of this appeal, the appellee denies it. But it is not pretended that there was any agreement in writing and this Court will recognize no other.

Appeal dismissed.

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