Hardy v. Stevenson
Also decided on this docket: La. Ct. App. 3d Cir., March 10, 1976 328 So. 2d 731; La. Ct. App. 4th Cir., November 2, 1973 284 So. 2d 783; La. Ct. App. 4th Cir., June 14, 1911 8 Teiss. 412; La. Ct. App. 1st Cir., June 30, 1961 132 So. 2d 244
Hardy v. Stevenson, 27 La. 95 (1875).
Opinion text
Howell, J. The judgment appealed from was signed on the twenty-fourth May, 1873, and on twenty-third May, 1874, an appeal was taken on motion in open court. Appellee now moves to dismiss the appeal on the ground that it was taken on motion at a different time from that at which it was rendered and no citation has been issued or served. The motion must prevail, the judgment having been rendered at a different time from, that which the appeal was applied for; the appeal could be taken only hy petition and citation. C. P. It is therefore ordered that the appeal herein be dismissed at appellant’s costs.