Jacobs v. Weaver Rivers
Jacobs v. Weaver Rivers, 118 So. 692 (La. 1928).
Cited by
- City of New Orleans v. Buhberg 126 So. 2d 701 La. Ct. App. 1st Cir. 1961
- Gazzo v. Bisso Ferry Co. 174 So. 132 La. Ct. App. 1st Cir. 1937
- Mansaur v. Anding 171 So. 187 La. Ct. App. 1st Cir. 1936
- Sanders v. Wyatt 170 So. 519 La. Ct. App. 1st Cir. 1936
- Vinyard v. Stassi 152 So. 161 La. Ct. App. 1st Cir. 1934
- Weber v. Kemp 148 So. 279 La. Ct. App. 1st Cir. 1933
- Farrow v. John R. Thompson Co. 135 So. 80 La. Ct. App. 1st Cir. 1931
- Bell v. Malouf 128 So. 537 La. Ct. App. 1st Cir. 1930
- Johns v. American Mut. Life Ins. Co. 127 So. 882 La. 1930
Authorities cited
Identified automatically; this list may not be exhaustive.
- Dupierris v. Sparicia 164 La. 290
- Whitney Central Trust & Savings Bank v. Greenwood Planting & Mfg. Co. 146 La. 572
Opinion text
On Motion to Dismiss. ST. PAUL, J. There was judgment below on June 9, 1928, maintaining defendants’ plea of prescription and dismissing plaintiffs’ suit. On June 16, 1928, plaintiffs moved for, and were allowed, an appeal suspensive and devolutive returnable July 30, 1928. On June 19, 1928, plaintiffs perfected their appeal by furnishing the bond required. Plaintiffs failed to file the transcript in this court on or before the return day, July 30, 1928, or within three days thereafter, nor did plaintiff obtain any extension of time for doing so. But the transcript was filed in this court only on August 23, 192S, and defendant now moves to dismiss the appeal. The rule is settled beyond controversy that, where the appellant perfects his appeal, and fails to file the transcript on or before the return day, or within the three days of grace following the return day, he is conclusively presumed to have abandoned the appeal; and this conclusive presumption can only be avoided by timely (i. e., previous) application to the appellate court for an extension of the return day. And in such cases the motion to dismiss can be made at any time after the filing of the transcript. Dupierris v. Sparicia, 164 La. 290 , 113 So. 851 ; Whitney-Central Trust & Savings Bank v. Greenwood Planting & Mfg. Co., 146 La. 572 , 83 So. 834 . Decree. The appeal herein taken is therefore dismissed.