Scott v. Daubert

Louisiana Court of Appeal

Scott v. Daubert

159 So. 137

CourtLouisiana Court of Appeal

DecidedFebruary 4, 1935

DocketNo. 16006.

StatusPublished

This text of 159 So. 137 (Scott v. Daubert) 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

Scott v. Daubert, 159 So. 137 (La. Ct. App. 1935).

Pincite

Opinion

PER CURIAM.

Mrs. Edna Mitchell, codefendant with William Daubert, through her attorneys, filed a motion to dismiss, the appeal of William Daubert upon the ground that it was filed in this court too late.

Defendant obtained an order for a devolu-tive appeal on December 7, 1934, from a judgment rendered in the civil district court on October 23, 1934, and in that order the return day was fixed as the 4th day of January, 1935. No order of extension was obtained and the transcript of appeal was not filed in this court until January 19, 1935. It is apparent, therefore, that the appeal must be considered as having been abandoned because filed too late. Roussel v. Guiterrez, 12 La. App. 701, 127 So. 1; Hotard v. Consolidated Companies, Inc., 14 La. App. 670, 130 So. 662; Schenck v. New Orleans Public Service, Inc., 15 La. App. 19, 130 So. 873.

For the reasons assigned, it is ordered that the motion to dismiss the appeal be sustained and the appeal dismissed.

Appeal dismissed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Mrs. Edna Mitchell, codefendant with William Daubert, through her attorneys, filed a motion to dismiss, the appeal of William Daubert upon the ground that it was filed in this court too late.

Defendant obtained an order for a devolu-tive appeal on December 7, 1934, from a judgment rendered in the civil district court on October 23, 1934, and in that order the return day was fixed as the 4th day of January, 1935. No order of extension was obtained and the transcript of appeal was not filed in this court until January 19, 1935. It is apparent, therefore, that the appeal must be considered as having been abandoned because filed too late. Roussel v. Guiterrez, 12 La. App. 701, 127 So. 1; Hotard v. Consolidated Companies, Inc., 14 La. App. 670, 130 So. 662; Schenck v. New Orleans Public Service, Inc., 15 La. App. 19, 130 So. 873.

For the reasons assigned, it is ordered that the motion to dismiss the appeal be sustained and the appeal dismissed.

Appeal dismissed.

Cite This Page — Counsel Stack

Bluebook (online)

159 So. 137, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scott-v-daubert-lactapp-1935.

Opinion

Related

Cite This Page — Counsel Stack