Utz v. Utz

Louisiana Court of Appeal

Utz v. Utz

1 Gunby 80

DecidedJuly 1, 1885

StatusPublished

This text of 1 Gunby 80 (Utz v. Utz) 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

Utz v. Utz, 1 Gunby 80 (La. Ct. App. 1885).

Pincite

Opinion

Gunby, J.

In an appeal from the Parish Court to the District Court, under the Constitution of 1868, the papers did not necessarily have to be refiled in the District Court.

2. Where appellee obtains the clerk’s certificate that the transcript has not been filed within three days from the return day, this will not prevent the appeal from being afterwards filed and heard, if no motion to dismiss is seasonably filed.

3. It is too late for appellee to file a motion to dismiss an appeal on the ground that it has not been filed in time, after he has appeared in the Appellate Court at one term and participated in the proceedings on such appeal. The appeal is favored in all doubtful cases. Judgment amended and affirmed.

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Gunby, J.

In an appeal from the Parish Court to the District Court, under the Constitution of 1868, the papers did not necessarily have to be refiled in the District Court.

2. Where appellee obtains the clerk’s certificate that the transcript has not been filed within three days from the return day, this will not prevent the appeal from being afterwards filed and heard, if no motion to dismiss is seasonably filed.

3. It is too late for appellee to file a motion to dismiss an appeal on the ground that it has not been filed in time, after he has appeared in the Appellate Court at one term and participated in the proceedings on such appeal. The appeal is favored in all doubtful cases. Judgment amended and affirmed.

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Bluebook (online)

1 Gunby 80, Counsel Stack Legal Research, https://law.counselstack.com/opinion/utz-v-utz-lactapp-1885.