Cahn v. Baccich & De Montluzin

LAND, J. [1] Plaintiffs on January 27, 1915, recovered judgment in the court below against the defendants for the sum of $2,500, with legal interest thereon from December 7, 1912, and costs. Defendants moved for and were granted a devolutive and a suspensive appeal from the judgment, and. the bond fcjr the devolütive appeal was fixed at $100, and that for a suspensive appeal was fixed according to law. Defendants furnished bond and security in the sum of $4,000. Later the defendants obtained another order for a devolutive appeal, and filed two appeal bonds for $100 each. Motion to Dismiss. Plaintiffs moved to dismiss the appeal on the following grounds: That the bond for $4,000 is inadequate for a suspensive appeal. That appellants have abandoned the devolutive appeal which they might have taken under the first motion and order, and have attempted to obtain a second order of appeal, and the court a quo was without jurisdiction to grant the second order of appeal. That the transcript for the second order of appeal is incomplete. > That there is no bond to which appellees can look for their surety, as there are two bonds given for the so-called devolutive appeal, and neither is designated as the bond to which appellees may look. The bond for $4,000, though not good for a suspensive, is good for a devolutive, appeal. Gilmore v. Meeker, 115 La. 849 , 40 South. 244 . The appeal having been perfected by the giving of the first bond, the subsequent proceedings were superfluous. It is therefore ordered that the motion to *1025 dismiss be sustained as to the suspensive, but he overruled as to the devolutive, appeal.