No. 8153 Precedential Processed

State ex rel. Department of Highways v. McTeague

Louisiana Court of Appeal, First Circuit · Filed June 30, 1970 · 244 So. 2d 263

Also decided on this docket: La. Ct. App. 1st Cir., December 21, 1970 244 So. 2d 263; La. Ct. App. 1st Cir., June 25, 1954 73 So. 2d 485; La., March 15, 1881 33 La. Ann. 268; La. Ct. App. 3d Cir., April 15, 1981 398 So. 2d 156

Cited by

CAJUN ELEC. POWER COOPERATIVE v. Owens-Corning Fiberglass Corp. 616 So. 2d 645 La. 1993
Cajun Electric Power Cooperative, Inc. v. Owens-Corning Fiberglas Corp. 605 So. 2d 1387 La. Ct. App. 1st Cir. 1992
Bourque v. Vinturella 543 So. 2d 640 La. Ct. App. 1st Cir. 1989
State ex rel. Department of Highways v. Ponder 342 So. 2d 1190 La. Ct. App. 1st Cir. 1977
State, Department of Highways v. Spillman 276 So. 2d 905 La. Ct. App. 1st Cir. 1973

Authorities cited

Identified automatically; this list may not be exhaustive.

State Ex Rel. Department of Highways v. Holmes 251 La. 607

Opinion text

ELLIS, Judge. This is a motion to dismiss the devolutive appeal taken by the Department of Highways herein. Movers claim that the Department has failed to deposit in the registry of the Court the excess amount of the judgment below, and that under the provisions of R.S. 19:13, the excess must be deposited as a condition precedent to the taking of the appeal. The Supreme Court held, in the case of State, Department of Highways v. Holmes, 251 La. 607 , 205 So.2d 416 (1967), in which the same contention was made, that the making of the deposit was not essential to the validity of the appeal. The motion is without merit. Motion to dismiss denied.