State v. Schonhausen
Also decided on this docket: La. Ct. App. 1st Cir., October 27, 1960 124 So. 2d 221; La. Ct. App. 4th Cir., March 1, 1978 355 So. 2d 654; La. Ct. App. 1st Cir., June 29, 1973 281 So. 2d 874
State v. Schonhausen, 37 La. Ann. 42 (1885).
Cited by
- Hicks v. Bell 1 La. App. 563 La. Ct. App. 1st Cir. 1925
- Hopkins v. Crow 67 So. 197 La. 1915
Opinion text
The opinion of the Court was delivered by Manning, J. This ai>peal is from a judgment condemning the defendant Schonhausen to pay a license of one thousand dollars for keeping a fixed place for concert, dancing, and variety performances in this city. *43 The defence is the same as that urged in State v. O’Hara, 36 Ann 93 and is untenable for the reasons given in that case. The judgment was rendered in June 1884 and a suspensive appeal was taken. The State prays for ten per centum upon the license as damages for a frivolous appeal. We shall inflict it. The decision in the O’Hara case had been rendered several months when the judgment in this case was pronounced and the appeal taken, and the same O’Hara is a co-defendant with Schonhausen here, although the latter avows himself sole proprietor. It is therefore ordered and decreed that the judgment of the lower court is affirmed, and that iu addition thereto the State do now have and recover of the defendant Schonhausen ten per centum upon the judgment below as damages for a frivolous appeal and the costs of both courts.