Modenbach v. Van Smooth

Louisiana Court of Appeal

Modenbach v. Van Smooth

6 Pelt. 262

CourtLouisiana Court of Appeal

DecidedJune 19, 1922

DocketNO. 8559

StatusPublished

This text of 6 Pelt. 262 (Modenbach v. Van Smooth) 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

Modenbach v. Van Smooth, 6 Pelt. 262 (La. Ct. App. 1922).

Pincite

Opinion

Per Curiam;

It was moved to dismiss this appeal on the ground that the appeal was taken later than is allowed by Act 120 of 1921 p. 232.

It is true that this aot provides that "Appeals shall be allowed and be returnable to the Court of AppeAt within ten days exclusive of Sundays, from the rendition of the judgment S¡ c" and repeals all laws in oonfliok therewith. But Aot 97 #f 1916 p. 216, relative to appeals from judgments rendered by Justices of the Peace provides that "judgments shall not be final until action by the Court upon any motion for a new trial which may have been made within the time now authorized by law or rules of Court."

The judgment in this case was rendered January 18th 1922; the motion for a new trial was refused on January 31st, the appeal was granted on February 11th, 1922. The appeal was therefore taken in time.

Rehearing refused.

June 19th, 1922.

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Per Curiam;

It was moved to dismiss this appeal on the ground that the appeal was taken later than is allowed by Act 120 of 1921 p. 232.

It is true that this aot provides that "Appeals shall be allowed and be returnable to the Court of AppeAt within ten days exclusive of Sundays, from the rendition of the judgment S¡ c" and repeals all laws in oonfliok therewith. But Aot 97 #f 1916 p. 216, relative to appeals from judgments rendered by Justices of the Peace provides that "judgments shall not be final until action by the Court upon any motion for a new trial which may have been made within the time now authorized by law or rules of Court."

The judgment in this case was rendered January 18th 1922; the motion for a new trial was refused on January 31st, the appeal was granted on February 11th, 1922. The appeal was therefore taken in time.

Rehearing refused.

June 19th, 1922.

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Bluebook (online)

6 Pelt. 262, Counsel Stack Legal Research, https://law.counselstack.com/opinion/modenbach-v-van-smooth-lactapp-1922.