Schmidt v. Benit

Supreme Court of Louisiana

Schmidt v. Benit

17 La. Ann. 74

DecidedMay 15, 1865

StatusPublished

This text of 17 La. Ann. 74 (Schmidt v. Benit) 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

Schmidt v. Benit, 17 La. Ann. 74 (La. 1865).

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Opinion

Ilsley, J.

The appellee moves to dismiss the appeal in this case on. several grounds : one of which is that he has not been cited to answer the appeal.

In the petition for an order of appeal there is no prayer to cite the ap-pellee, nor was he cited ; and this is good ground for dismissal. Bolling v. Anderson, 10 A. 650. Walker v. Martolo, 13 La. 50. Pratt v. Enom, 5 A. 115.

It is therefore ordered, adjudged and decreed, that the appeal in this pase be dismissed, at the costs of appellant.

JJp'SVjmi'; J., recused.

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Ilsley, J.

The appellee moves to dismiss the appeal in this case on. several grounds : one of which is that he has not been cited to answer the appeal.

In the petition for an order of appeal there is no prayer to cite the ap-pellee, nor was he cited ; and this is good ground for dismissal. Bolling v. Anderson, 10 A. 650. Walker v. Martolo, 13 La. 50. Pratt v. Enom, 5 A. 115.

It is therefore ordered, adjudged and decreed, that the appeal in this pase be dismissed, at the costs of appellant.

JJp'SVjmi'; J., recused.

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Bluebook (online)

17 La. Ann. 74, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schmidt-v-benit-la-1865.

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