Landry v. McWilliams
Landry v. McWilliams, 65 So. 875 (La. 1914).
Cited by
- Duncan Oil, Inc. v. the Louisiana State Mineral and Energy Board La. Ct. App. 3d Cir. 2017
- Duncan Oil, Inc. v. State Mineral & Energy Board 216 So. 3d 861 La. Ct. App. 1st Cir. 2017
- Garrett v. Ernest 369 So. 2d 713 La. Ct. App. 1st Cir. 1979
- Van Norden v. Martin 149 So. 2d 684 La. Ct. App. 1st Cir. 1963
- Newman v. McClure 134 So. 2d 556 La. Ct. App. 1st Cir. 1961
- White v. Lockhart 129 So. 2d 917 La. Ct. App. 1st Cir. 1961
- Bennett v. Hernandez 128 So. 2d 472 La. Ct. App. 1st Cir. 1961
- Quatre Parish Co. v. Beauregard Parish School Board 57 So. 2d 197 La. 1952
- Jackson v. Irion 200 So. 18 La. 1941
- Morris v. Hankins 188 So. 155 La. 1939
- Morris v. Hankins 185 So. 518 La. Ct. App. 1st Cir. 1938
- Tillery v. Fuller 182 So. 683 La. 1938
Opinion text
On Elotion to Dismiss Appeal. MONROE, C. J. Defendant (appellee) moves to dismiss this appeal on the grounds: That the appeal was originally returned to the Court of Appeal, First circuit, which tribunal, on December 12, 1912, made the following order: “We do hereby order and direct that the appeal herein be, and the same is hereby transferred to the Supreme Court, as provided by Act No. 19 of 1912.” That no return day was fixed. That no affidavit was made that the appeal ivas not taken for the purpose of delay, and that the transcript, filed in this court on January 20, 1913, is not the record that had been lodged in the Court of Appeal. Act No. 19 of 1912, under the authority of 'which the transfer was ordered, amends, reenacts, and supersedes Act 56 of 1904, and does not require that the order of transfer shall fix a return day, or that it shall be predicated upon an affidavit; and it is silent in regard to method to be adopted in bringing the appeal to this court. Inasmuch, however, as the proper place for the original record, whereby the appeal was taken to the Court of Appeal, is the district court, *658 it appears to ns that appellants acted reasonably in having a transcript made to be lodged in this court. The motion to dismiss is therefore overruled.