Carter v. Hollingsworth Realty Co.
Also decided on this docket: La. Ct. App. 1st Cir., July 2, 1970 237 So. 2d 407; La., March 15, 1871 23 La. Ann. 196; La. Ct. App. 4th Cir., January 6, 1969 217 So. 2d 789
Carter v. Hollingsworth Realty Co., 8 La. App. 67 (La. Ct. App. 1st Cir. 1928).
Authorities cited
Identified automatically; this list may not be exhaustive.
- Goodrich v. Bodley 35 La. Ann. 525
- 32 La. Ann. 477 not in our corpus
- Huppenbauer v. Durbin 23 La. Ann. 739
- Baker v. Shultz 35 La. Ann. 524
Opinion text
WEBB, J. . The defendant appealed from a judgment rendered against it and on rule filed in the trial court to test the sufficiency of the appeal bond, judgment was rendered declaring the bond insufficient and dissolving the appeal, in which ruling the defendant apparently acquiesced, and on motion duly made here to dismiss the appeal for want of bond, the defendant does not make any appearance. The trial court was vested with jurisdiction to test the sufficiency of the appeal bond (Art. 575, C. P.; Goodrich vs. Bodley, 35 La. Ann. 525 ; Vredenburg vs. Behan, 32 La. Ann. 477 ) and the appellant having failed to question the correctness of the ruling, there is no bond, and the appeal must be dismissed. (Huppenbauer vs. Durlin, 23 La. Ann. 739 ; Baker vs. Shultz, 35 La. Ann. 524 ). The motion to dismiss the appeal is therefore sustained.