Greater New Orleans Homestead Ass'n v. Korner

ON SECOND MOTION TO DISMISS

WESTERFIELD, J.

On May 11, 1929, a motion to dismiss this appeal was filed on behalf of the Jordy Bros. Slate Company, appellee herein, upon the ground that the judgment appealed from had been consented to and acquiesced in. The motion was not filed within three days after the transcript had been lodged in this court or within three days of the time the cause was fixed for trial, and, upon the authority of Saxon v. Southwestern Brick & Tile Mfg. Co., 113 La. 637, 37 So. 540, we' declined to consider the motion upon the ground that it had been filed too late. See…