Burns v. Mosaic Templars of America
Also decided on this docket: La. Ct. App. 5th Cir., July 6, 1970 237 So. 2d 714; La. Ct. App. 3d Cir., April 11, 1972 257 So. 2d 827
Burns v. Mosaic Templars of America, 133 So. 470 (La. Ct. App. 1st Cir. 1931).
Cited by
- Sunbelt Federal Bank v. Dutel 562 So. 2d 1152 La. Ct. App. 1st Cir. 1990
- Nu-Lite Electrical Wholesalers, Inc. v. DECKARD & TREADAWAY ELEC. AIR CONDITIONING & REFRIGERATION 498 So. 2d 120 La. Ct. App. 5th Cir. 1986
- THERMAL SUPPLY OF LA., INC. v. Sumter 452 So. 2d 312 La. Ct. App. 2d Cir. 1984
- Trane Co. v. Williams 143 So. 2d 119 La. Ct. App. 1st Cir. 1962
- Roy O. Martin Lumber Co. v. Elder 77 So. 2d 574 La. Ct. App. 1st Cir. 1955
- Modern Appliance Supply Co. v. B.F. Ibos Sons 16 So. 2d 552 La. Ct. App. 1st Cir. 1944
- Goldman v. General Supply Co. 6 So. 2d 778 La. Ct. App. 1st Cir. 1942
- Marquette Cloak Suit v. Netter Meyer 151 So. 820 La. Ct. App. 1st Cir. 1934
Authorities cited
Identified automatically; this list may not be exhaustive.
- Hotard v. Consolidated Companies 130 So. 662
Opinion text
ON THE MOTION TO DISMISS McGREGOR, J. The basis of this motion to dismiss the appeal is the failure of the defendant and appellant to file the transcript within the time prescribed by law. The return day fixed by the court was October 8, 1929, whereas the transcript was filed on October 12, 1929, or one day more than three calendar days after the return day. The law in such cases is so well settled that it is unnecessary to discuss it. One of the latest decisions on the point is Hotard v. Consolidated Companies, Inc., 14 La. App. 670 , 130 So. 662 . " The transcript, not having been lodged and filed in this court within three days after the return day, but on the fourth day, came too late and the appeal should, therefore, be dismissed. For the reasons assigned the appeal herein is ordered dismissed at the cost of the appellant.