Smith v. O'Reilly Elevator Co.
Smith v. O'Reilly Elevator Co., 64 So. 494 (La. 1914).
Cited by
- Townsend v. Graham 108 So. 2d 103 La. 1959
- Louisiana State Board of Medical Examiners v. Parker 84 So. 2d 841 La. Ct. App. 1st Cir. 1956
- Hunt v. Hunt 185 So. 284 La. 1938
- Vallon v. Morris Cleaners &. Dyers, Inc. 167 So. 887 La. Ct. App. 1st Cir. 1936
- Officer v. American Ins. Co. 162 So. 771 La. 1935
- Loudan v. Metropolitan Life Ins. Co. 161 So. 196 La. Ct. App. 1st Cir. 1935
- Fischer v. Palmisano's Succession 147 So. 554 La. Ct. App. 1st Cir. 1933
- Bass v. Lane 125 So. 853 La. 1930
- Palmisano & Palmisano v. Bonner 120 So. 630 La. 1929
- Ducre v. Succession of Ducre 118 So. 864 La. 1928
- Comire v. Schiro Amusement Co. 6 La. App. 441 La. Ct. App. 4th Cir. 1927
- King v. First Methodist Church 69 So. 593 La. 1915
Authorities cited
Identified automatically; this list may not be exhaustive.
- McGaw v. O'Bierne 124 La. 989
- Gagneaux v. Desonier 109 La. 460
- Wheeler v. Peterkin 38 La. Ann. 663
- A. J. Trounstine & Co. v. Ware 39 La. Ann. 939
Opinion text
On Motion to Dismiss Appeal. LAND, J. Judgment in favor of the defendant dismissing plaintiff’s suit was read and signed in open court on January 21, 1913. On December 5, 1913, by motion made in open court, plaintiff obtained an order for a devolutive appeal from said judgment, and on December 10, 1913, perfected said appeal by filing bond in the sum fixed by the court. Defendant has moved to dismiss the appeal on the grounds that no citation of appeal was ever prayed for by the appellant, or issued or served herein, and that, as the motion for appeal was granted at a subsequent term of the court, citation to the appellee was essential. By Act No. 4 of 1896, p. 5,-the terms of the civil district court for the parish of Orleans begin on October 15th, and terminate- at the end of June, of each year. Hence the motion for the appeal was filed at the next term of the court. The record does not show that the appellant prayed for citation to the appellee, or that the latter was cited. It is well settled that, when an appeal is taken at a subsequent term, the appellee must be cited. McGaw v. O’Bierne, 124 La. 989 , 50 South. 819 ; Gagneaux v. Desonier, 109 La. 460 , 33 South. 561 ; Wheeler & Pierson v. Peterkin et al., 38 La. Ann. 663 ; Trousten & *637 Co. v. Ware & Munn, 39 La. Ann. 939 , 3 South. 122 . It is therefore ordered that the appeal herein be dismissed, with costs. PROVOSTY, J., being absent on account of illness, takes no part.