McCaskey Register Co. v. Franklin

Louisiana Court of Appeal

McCaskey Register Co. v. Franklin

5 La. App. 618, 1927 La. App. LEXIS 96

DecidedFebruary 12, 1927

StatusPublished

This text of 5 La. App. 618 (McCaskey Register Co. v. Franklin) 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

McCaskey Register Co. v. Franklin, 5 La. App. 618, 1927 La. App. LEXIS 96 (La. Ct. App. 1927).

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Opinion

ELLIOTT, J.

Plaintiff and appellant by its counsel moves to dismiss this appeal on the ground that it has not been cited to appear in this court and answer the appeal and that there is no security on the appeal bond.

The petition for appeal does not pray that the appellee be cited. The appeal was not prayed for in open court, but by petition, and the order granting the appeal does not direct that the appellee be cited and it was not cited, and has made no appearance except to move for the dismissal of the same. The appeal bond was signed by the judgment debtor only.

The motion to dismiss must prevail. The appeal is dismissed at the cost of the appellant.

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ELLIOTT, J.

Plaintiff and appellant by its counsel moves to dismiss this appeal on the ground that it has not been cited to appear in this court and answer the appeal and that there is no security on the appeal bond.

The petition for appeal does not pray that the appellee be cited. The appeal was not prayed for in open court, but by petition, and the order granting the appeal does not direct that the appellee be cited and it was not cited, and has made no appearance except to move for the dismissal of the same. The appeal bond was signed by the judgment debtor only.

The motion to dismiss must prevail. The appeal is dismissed at the cost of the appellant.

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Bluebook (online)

5 La. App. 618, 1927 La. App. LEXIS 96, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccaskey-register-co-v-franklin-lactapp-1927.