O'Sullivan v. New Orleans City Item Publishing Co.

Louisiana Court of Appeal

O'Sullivan v. New Orleans City Item Publishing Co.

6 Teiss. 149, 1909 La. App. LEXIS 52

CourtLouisiana Court of Appeal

DecidedFebruary 8, 1909

DocketNo. 4690

StatusPublished

This text of 6 Teiss. 149 (O'Sullivan v. New Orleans City Item Publishing Co.) 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

O'Sullivan v. New Orleans City Item Publishing Co., 6 Teiss. 149, 1909 La. App. LEXIS 52 (La. Ct. App. 1909).

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Opinion

ESTOPINAL, J.

The only question involved in this suit is whether a suspensive appeal lies- from a judgment or order of the trial - Court, dismissing a suspensive appeal on the ground that the surety on the bond of the latter is not- good and solvent.

Whatever might have been the jurisprudence of this State on the subject prior to the decision of the Supreme Court in Reynolds vs. Egan, decided August 7th, 1898 (Southern Reporter, Vol. 47, 13, p. 3-71), this case now conclusively settles the proposition that “where a suspensive appeal is allowed from a judgment for money, and is thereafter dismissed because of the failure of the appellant to furnish .the bond required within the time prescribed by law, no appeal thereafter allowed from the judgment of dismissal can operate to suspend the execution of the judgment originally appealed from.”

For this reason the appeal herein is dismissed.

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ESTOPINAL, J.

The only question involved in this suit is whether a suspensive appeal lies- from a judgment or order of the trial - Court, dismissing a suspensive appeal on the ground that the surety on the bond of the latter is not- good and solvent.

Whatever might have been the jurisprudence of this State on the subject prior to the decision of the Supreme Court in Reynolds vs. Egan, decided August 7th, 1898 (Southern Reporter, Vol. 47, 13, p. 3-71), this case now conclusively settles the proposition that “where a suspensive appeal is allowed from a judgment for money, and is thereafter dismissed because of the failure of the appellant to furnish .the bond required within the time prescribed by law, no appeal thereafter allowed from the judgment of dismissal can operate to suspend the execution of the judgment originally appealed from.”

For this reason the appeal herein is dismissed.

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Bluebook (online)

6 Teiss. 149, 1909 La. App. LEXIS 52, Counsel Stack Legal Research, https://law.counselstack.com/opinion/osullivan-v-new-orleans-city-item-publishing-co-lactapp-1909.