Michael v. Babin
Also decided on this docket: La. Ct. App. 1st Cir., March 4, 1963 150 So. 2d 911; La. Ct. App. 1st Cir., March 8, 1932 140 So. 47; La., July 1, 1880 1 Mann. Unrep. Cas. 263; La., June 15, 1876 28 La. Ann. 581; La. Ct. App. 3d Cir., October 30, 1963 157 So. 2d 365
Michael v. Babin, 70 La. Ann. 197 (1867).
Opinion text
Hyman, C. J. The plaintiff has filed a motion to dismiss the appeal on the ground that the appeal bond is defective, it not being made in favor of any one. The order of appeal was granted, on motion, in open Court. In 12 Robinson’s Reports, page 205, it was decided that there is no other way, when an appeal has been granted on motion in open Court, to compel appellees to take notice of an appeal, and to appear before us, than by including their names in the appeal bond. The appeal bond should have boon given in favor of the appellee. Let the motion bo. sustained, and let the appeal he dismissed.