Greater New Orleans Homestead Ass'n v. Korner
Also decided on this docket: La. Ct. App. 4th Cir., January 5, 1931 131 So. 720; La. Ct. App. 1st Cir., May 5, 1930 128 So. 49; La., March 15, 1893 45 La. Ann. 398
Greater New Orleans Homestead Ass'n v. Korner, 123 So. 181 (La. Ct. App. 1st Cir. 1929).
Cited by
- Walker v. Mansfield Hardwood Lumber Co. 35 So. 2d 610 La. Ct. App. 1st Cir. 1948
- Hall v. Federal Land Bank of New Orleans 177 So. 485 La. Ct. App. 3d Cir. 1937
- Greater New Orleans Homestead Ass'n v. Korner 142 So. 863 La. Ct. App. 1st Cir. 1932
- Greater New Orleans Homestead Ass'n v. Korner 128 So. 49 La. Ct. App. 1st Cir. 1930
Authorities cited
Identified automatically; this list may not be exhaustive.
- State ex rel. Fairex v. Judge of the Civil District Court 33 La. Ann. 927
- Saxon v. Southwestern Brick & Tile Mfg. Co. 113 La. 637
- Key v. McCall 122 La. 978
- State v. Gregg 48 So. 426
Opinion text
ON MOTION TO DISMISS WESTERFIELD, J. Appellee moves to dismiss this appeal upon the ground that the judgment appealed from has been consented to and acquiesced in, citing C. P. 567, and Furex vs. Judge, 33 La. Ann. 927 . The motion to dismiss was filed on the 11th day of May, 1929. The transcript of appeal was filed July 22, 1927, and the case fixed for trial December 15, 1928. The motion must be denied since it was not filed within three days after the transcript was lodged in this court or the case fixed for trial. Saxon vs. Southwestern Brick Co., 113 La. 637 , 37 So. 540 . The exception to the rule mentioned in Key vs. McCall, 122 La. 978 , 48 So. 426 , is without application here since the acquiescence relied upon in the motion to dismiss, is not alleged to have occurred after the lapse of the three-day period, in which ordinarily the motion should have been filed. For the reasons assigned the motion to dismiss is denied.