No. 4597 Precedential Reversed Processed

Meyer & Bro. v. Dupree

Louisiana Supreme Court · Filed March 15, 1873 · 25 La. Ann. 216

Also decided on this docket: La. Ct. App. 3d Cir., June 28, 1974 297 So. 2d 220; La. Ct. App. 1st Cir., March 17, 1958 101 So. 2d 478; La. Ct. App. 1st Cir., January 11, 1909 6 Teiss. 99

Opinion text

Morgan, J. We are asked to dismiss this appeal on the grounds: First — That all the parties in interest are not parties to the appeal, Mrs. G-aulden, the intervenor, not having given any appeal bond, and not having appealed, and Second — That the record is incomplete, the clerk of the district court certifying that part of the evidence used in the court below was-missing at the time the record was made out. The first ground is not a good one. Because the intervenor does not choose to appeal, it does not follow that the defendant may not. The second ground may, and is a good one to remand the case, hut is no reason for dismissing the appeal. 5 An. 602; 12 An. 83. It is therefore ordered, adjudged and decreed, that the judgment of the lower court be avoided and reversed; that the case he remanded to he proceeded in according to law. Plaintiffs to pay the costs of appeal.