Great Southern Lumber Co. v. James Stanton Const. Co.

O’NIELL, Chief Justice (concurring). In Vallee v. Hunsberry, 108 La. 136 , 32 So. 359 , 360, it was held that a motion to dismiss an appeal on the ground “that the transcript fails to show any order of appeal from the only final judgment ‘read and signed’ ” came too late, because it was filed after the lapse of three days; but, in the following cases, the doctrine of Gagneaux v. Desonier was affirmed, viz.: Sammons v. New Orleans Railway & Light Company, 143 La. 731 , 79 So. 320 ; Lafayette v. Farr, 162 La. 385 , 110 So. 624 ; Doiron v. Vacuum Oil Company, 165 La. 563 , 115 So. 752 ; Wiley v. Ballio & Perry, 171 La. 411 , 131 So. 192 . Act No. 234 of 1932, p. 739, forbidding the appellate courts to dismiss appeals for certain causes, appears to be not applicable to this case. For these reasons I concur in the decree dismissing this appeal.