O'Brien v. D'Hemecourt

43 So. 654, 118 La. 996, 1907 La. LEXIS 837

• Court: Supreme Court of Louisiana
• Decided: February 18, 1907
• Docket: No. 16,451
• Status: Published

Opinions

On Motion to Dismiss the Appeal.

BREAUX, C. J.

In a motion to dismiss, appellee suggests that the order granting a suspensive appeal had elapsed, and that therefore the appeal, in so far as it purports to be a suspensive appeal, should be dismissed.

The 10 days had elapsed from the date the judgment was signed to the day the order of appeal-was granted. The bond of appeal was signed after the 10 days had elapsed within which a suspensive appeal should be signed.

The appellant has no right to a suspensive appeal. Whatever right he has, if at all, must be urged on a devolutive appeal.

It is ordered, adjudged, and decreed that the appeal is dismissed in so far as it purports to be a suspensive appeal. The devolutive appeal remains unaffected by this dismissal, and the appellant is left with whatever right he may have to that appeal.