Succession of Bergold
Also decided on this docket: La. Ct. App. 4th Cir., April 7, 1969 221 So. 2d 666; La. Ct. App. 1st Cir., March 15, 1951 51 So. 2d 411; La. Ct. App. 1st Cir., April 22, 1971 247 So. 2d 173; La. Ct. App. 1st Cir., November 8, 1928 120 So. 99
Succession of Bergold, 23 La. Ann. 374 (1871).
Cited by
- Brugier v. Railroad Commission 61 So. 415 La. 1913
Opinion text
Howell, J. The order of appeal herein was granted on the fifth of December, 1870, and the appeal made returnable according to law. By the act of 1870, page 99, appeals from the parish of Tangipahoa are returnable on the first and third Mondays of each month of the term. The record was not filed until nineteenth April, 1871. It seems that *375 ■on twenty-seventh March an extension of time to bring up the appeal was granted. The application was too late, as it should have been made in December, 1870, or at fartherest, in January, 1871, and the ■order of extension could nob revive the right to complete the appeal which had lapsed. The motion to dismiss, based on these facts, must prevail, as just held in Redmond v. Mann et al. It is therefore ordered that the appeal herein be dismissed, with ■costs.