Neely v. Texas & P. Ry. Co.
Supreme Court of Louisiana
Appeal from Civil District Court, Parish of Orleans; T. C. W. Ellis, Judge. Action by Jeff D. Neely against the Texas & Pacific Railway Company. Judgment for defendant, and plaintiff obtained an order for devolutive appeal.
1Opinion of the CourtLand, J.
[1] This is the second appeal by the plaintiff from the judgment in favor of the defendant.
The motion to dismiss was on the ground that the first appeal, pending in this court, divested the court below of jurisdiction to grant another appeal.
It appears from the record of case No.' 21527 of the docket of this court (140 La. 445, 73 South. 262), that a recent decree has been rendered, dismissing the first appeal on the ground of the insufficiency of the surety on the appeal bond.
The first order of appeal was for a devolu*673tive and suspensive appeal, conditioned upon plaintiff furnishing bond with…
2Cases cited3 opinions
- Barrow v. ClackSupreme Court of Louisiana · 1893
- Neely v. Texas & P. Ry. Co.Supreme Court of Louisiana · 1916
- Durel v. MurphySupreme Court of Louisiana · 1909
3Cited by1 opinion
- Wood v. K. C. Southern RailroadLouisiana Court of Appeal · 1925