Dreyfus v. American Bonding Co.
Also decided on this docket: La. Ct. App. 1st Cir., December 2, 1957 98 So. 2d 559
Dreyfus v. American Bonding Co., 67 So. 342 (La. 1914).
Cited by
- Gottlieb v. Avery Realty Co. 157 So. 369 La. 1934
- Hunter v. Rector, Wardens, & Vestrymen of St. Ann's Chapel 137 So. 850 La. 1931
- Hunter v. Rector, Wardens, & Vestrymen of St. Ann's Chapel 137 So. 850 La. 1931
- John Barkley & Co. v. Ham & Seymour 103 So. 245 La. 1921
- Citizens' Bank of Columbia v. Bellamy Lumber Co. 73 So. 308 La. 1916
Opinion text
On Motion to Dismiss the Appeal. O’NIELL, J. [1] This is a coneursus proceeding in which the surety on the bond of the contractor has appealed from a judgment approving the report of the commissioner. The materialmen have moved to dismiss the appeal on the ground that the appellant’s exceptions taken to the report do not refer to the findings in favor of the materialmen. If they had taken this view of the exceptions in the district court, they should have moved for a confirmation of the findings in their favor, when the delays for filing exceptions expired. On the contrary, the exceptions were regarded as objections to the findings in favor of the materialmen, as well as the owner of the buildings, and the judgment of confirmation was rendered after a hearing thereon. We will not pass upon the various exceptions to determine a question which may properly be considered on the *493 merits. The motion to dismiss the appeal is therefore denied.