No. 948 Precedential Dismissed Processed

Sullivan v. Louisiana & Arkansas Railway Co.

Louisiana Court of Appeal, First Circuit · Filed March 8, 1932 · 140 So. 46

Also decided on this docket: La. Ct. App. 1st Cir., December 3, 1962 147 So. 2d 29; La., July 1, 1880 1 Mann. Unrep. Cas. 249; La., June 15, 1876 28 La. Ann. 596; La., June 15, 1867 70 La. Ann. 361

Opinion text

ELLIOTT, J. Louisiana & Arkansas Railway Company, appellee, moves to dismiss the appeal herein on the ground that this court has no jurisdiction ratione materia. We find that such is the case appearing from the record. W. B. Sullivan, appellant, prays, in the event it is found that the appeal was taken to the wrong court, which we find to be the case, that the appeal be not dismissed, but transferred to the Supreme Court. This request will be granted. Acting under the provisions of Act No. 19 of 1912, it is ordered, that the appeal herein be, and the same is hereby, transferred to the Supreme Court at New Orleans, La., and to that end it is ordered that the record be returned to the clerk of court in and for the parish of East Baton Rouge and that said clerk of court without delay notify William B. Sullivan, appellant, and Louisiana & Arkansas Railway Company, appellee, of this order ; that said clerk of court prepare transcripts of the case, for the appeal to the Supreme Court, in conformity with the law and the rules of the Supreme Court on that subject, and, if the transcript is paid for, that same be returned into the Supreme Court at New Orleans, La., on or before April 25,1932.