Gonsoulin v. Bodenheimer & Bro.
Also decided on this docket: La. Ct. App. 1st Cir., May 28, 1971 248 So. 2d 588; La. Ct. App. 4th Cir., April 7, 1969 221 So. 2d 311; La. Ct. App. 1st Cir., June 29, 1951 53 So. 2d 446; La. Ct. App. 1st Cir., May 7, 1931 134 So. 338; La., November 15, 1871 23 La. Ann. 709
Gonsoulin v. Bodenheimer & Bro., 1 Teiss. 155 (La. Ct. App. 1st Cir. 1904).
Opinion text
DUFOUR, J. Appellee’s motion to dismiss on the ground *156 that the appeal \vas not seasonably lodged here is met with the rejoinder that the lower judg'e erred in fixing the return day and that the motion to dismiss came too late. March 21, 1904. The motion of appeal was made on January 22, 1904, three days before our last return day for that month, and the appeal by order of the district judge was made returnable for the first Monday in February for want of time to complete the transcript before the next legal return, day. The transcript was filed here on February 11. The Judge committed no error; he had the right, if the record could not be completed for the next return day, to fix a day which need not be a regular return day of this Court. Act 45, of I870-49 An. 968-39 An. 413. The appellant should have filed his appeal here on the day fixed in the order. Failure to do so amounts to an abandonment of the appeal, and a motion to dismiss on that ground may be made at any time. 47 An. 1534. Appeal dismissed.