Succession of Dahm
Succession of Dahm, 117 So. 826 (La. 1928).
Cited by
- Great American Insurance Companies v. East 264 So. 2d 761 La. Ct. App. 1st Cir. 1972
- Dounson v. Faia 246 So. 2d 729 La. Ct. App. 1st Cir. 1971
- Smith v. United States Fidelity & Guaranty Co. 239 So. 2d 738 La. Ct. App. 1st Cir. 1970
- Michigan Wisconsin Pipe Line Co. v. Guarisco Enterprises, Inc. 234 So. 2d 469 La. Ct. App. 1st Cir. 1970
- Moon v. Moon 232 So. 2d 838 La. Ct. App. 1st Cir. 1970
- Sims v. Louisiana Private Schools, Inc. 223 So. 2d 187 La. Ct. App. 1st Cir. 1969
- LaRose v. LaRose 211 So. 2d 95 La. Ct. App. 1st Cir. 1968
- Aetna Insurance Co. v. Robinson 199 So. 2d 369 La. Ct. App. 1st Cir. 1967
- McCrory v. Link Belt Co. 195 So. 2d 172 La. Ct. App. 1st Cir. 1967
- Orrell v. Southern Farm Bureau Casualty Insurance 180 So. 2d 710 La. 1965
- Britt v. Brocato 170 So. 2d 516 La. Ct. App. 4th Cir. 1965
- Thompson v. Bamburg 93 So. 2d 666 La. 1957
Authorities cited
Identified automatically; this list may not be exhaustive.
- Orleans & J. Ry. Co. v. International Const. Co. 113 La. 409
- Hyman v. Veith 142 La. 933
- Joyce v. Nona Mills Co. 77 So. 854
Opinion text
ROGERS, J. On March 31, 1927, the court below rendered judgment rejecting plaintiffs’ demands and dismissing their suit. The judgment was signed on April 4, 1927. The term of court at which the judgment was rendered and signed ended on, July 31,1927. The next term of court began on October 1, 1927. During this term, to wit, on March 26, 1928, appellants, by oral motion in open court, applied for and obtained an order for a devolutive appeal, returnable to this court on May 21, 1928. The return was.subsequently extended to May 31, 1928. On May 30, 1928, the appellants applied for and obtained an order for citation upon the appellees and copies of the application and order and citations were served on the same day. The transcript was filed in this court on the return day. Appellees have moved to dismiss the appeal, on the grounds that the order therefor was not obtained by a written petition or a written motion; that the notice of appeal was not timely served; and, in the alternative, that appellants failed to furnish a bond and perfect their appeal within one year after the judgment appealed from was rendered and became final. The alternative ground of the motion to dismiss is well founded. The delay for an appeal dates from the signing of the judgment. Orleans & J. Ry. Co. v. International Const. Co., 113 La. 409 , 37 So. 10 . An appeal is not complete until the bond of appeal has been furnished, which must be done before the delay for the appeal expires. Code Prac. art. 593; Hyman v. Veith, 142 La. 933 , 77 So. 854 . The judgment appealed from was signed on April 4,1927, and the appeal bond was not filed until Miay 16, 1928, more than one year thereafter. The bond was furnished too late. For the reasons assigned, the appeal herein taken is dismissed.