Willis v. Dyer

Louisiana Court of Appeal

Willis v. Dyer

148 So. 445, 1933 La. App. LEXIS 1825

CourtLouisiana Court of Appeal

DecidedJune 5, 1933

DocketNo. 4557.

StatusPublished

This text of 148 So. 445 (Willis v. Dyer) 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

Willis v. Dyer, 148 So. 445, 1933 La. App. LEXIS 1825 (La. Ct. App. 1933).

Pincite

Opinion

MILLS, Judge.

Plaintiff and appellee, Mrs. D. H. Willis, Jr., moves to dismiss the appeal in this case on the ground that the transcript was not filed in this court until after the return date fixed by the trial court.

The order granting defendant and appellant a devolutive appeal made the appeal returnable Wednesday, February 15, 1933. The record shows that the transcript was not ■ filed until February 24, 1933. It does not show that any extension of time was granted, nor is any adequate legal cause assigned for the delay.

Where appellant fails to file the transcript on return day, or within the three judicial days thereafter, the law leaves the court no alternative.

The appeal must be and is dismissed.

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

MILLS, Judge.

Plaintiff and appellee, Mrs. D. H. Willis, Jr., moves to dismiss the appeal in this case on the ground that the transcript was not filed in this court until after the return date fixed by the trial court.

The order granting defendant and appellant a devolutive appeal made the appeal returnable Wednesday, February 15, 1933. The record shows that the transcript was not ■ filed until February 24, 1933. It does not show that any extension of time was granted, nor is any adequate legal cause assigned for the delay.

Where appellant fails to file the transcript on return day, or within the three judicial days thereafter, the law leaves the court no alternative.

The appeal must be and is dismissed.

Cite This Page — Counsel Stack

Bluebook (online)

148 So. 445, 1933 La. App. LEXIS 1825, Counsel Stack Legal Research, https://law.counselstack.com/opinion/willis-v-dyer-lactapp-1933.