Meyer & Bro. v. Dupree

Supreme Court of Louisiana

Meyer & Bro. v. Dupree

25 La. Ann. 216

CourtSupreme Court of Louisiana

DecidedMarch 15, 1873

DocketNo. 4597

StatusPublished

Cited by3 cases

This text of 25 La. Ann. 216 (Meyer & Bro. v. Dupree) 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

Meyer & Bro. v. Dupree, 25 La. Ann. 216 (La. 1873).

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Opinion

Morgan, J.

We are asked to dismiss this appeal on the grounds:

First — That all the parties in interest are not parties to the appeal, Mrs. G-aulden, the intervenor, not having given any appeal bond, and not having appealed, and

Second — That the record is incomplete, the clerk of the district court certifying that part of the evidence used in the court below was-missing at the time the record was made out.

The first ground is not a good one. Because the intervenor does not choose to appeal, it does not follow that the defendant may not.

The second ground may, and is a good one to remand the case, hut is no reason for dismissing the appeal. 5 An. 602; 12 An. 83.

It is therefore ordered, adjudged and decreed, that the judgment of the lower court be avoided and reversed; that the case he remanded to he proceeded in according to law. Plaintiffs to pay the costs of appeal.

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Morgan, J.

We are asked to dismiss this appeal on the grounds:

First — That all the parties in interest are not parties to the appeal, Mrs. G-aulden, the intervenor, not having given any appeal bond, and not having appealed, and

Second — That the record is incomplete, the clerk of the district court certifying that part of the evidence used in the court below was-missing at the time the record was made out.

The first ground is not a good one. Because the intervenor does not choose to appeal, it does not follow that the defendant may not.

The second ground may, and is a good one to remand the case, hut is no reason for dismissing the appeal. 5 An. 602; 12 An. 83.

It is therefore ordered, adjudged and decreed, that the judgment of the lower court be avoided and reversed; that the case he remanded to he proceeded in according to law. Plaintiffs to pay the costs of appeal.

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Bluebook (online)

25 La. Ann. 216, Counsel Stack Legal Research, https://law.counselstack.com/opinion/meyer-bro-v-dupree-la-1873.

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