State ex rel. Mississippi & Mexican Gulp Ship Canal Co. v. Administrators of the City of New Orleans
Also decided on this docket: La. Ct. App. 1st Cir., November 2, 1973 284 So. 2d 860; La. Ct. App. 1st Cir., February 22, 1963 151 So. 2d 90; La. Ct. App. 1st Cir., April 21, 1913 10 Teiss. 179
State ex rel. Mississippi & Mexican Gulp Ship Canal Co. v. Administrators of the City of New Orleans, 27 La. 469 (1875).
Opinion text
On Motion to Dismiss. Taliaferro, J. There is a motion to dismiss the appeal taken in this case by J. Q. A. Fellows, intervenor, on the ground that he has not given bond for an appeal. The record shows that the intervenor has failed to give appeal bond. He contends, however, that he joined the city in taking an appeal, and that the city has given bond for costs, the only bond that could be required in the case. *470 The intervenor is a separate independent party in the litigation. The obligation of the city to pay costs does not cover the costs incurred by the intervention. We think the intervenor should have given bond. The motion to dismiss is sustained, and it is ordered that the appeal, so far as it relates to the intervenor, be dismissed.