Rawle v. Feltus
Supreme Court of Louisiana
APPEAL from the Ninth Judicial District Hough, J. Court, parish of Tensas. In a bond for appeal, the condition that “the appellant shall prosecute his appeal ” is material, and its omission will authorize the dismissal of the appeal.
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APPEAL from the Ninth Judicial District Hough, J. Court, parish of Tensas. In a bond for appeal, the condition that “the appellant shall prosecute his appeal ” is material, and its omission will authorize the dismissal of the appeal. C. P. 579; 27 An. 645; 22 An. 296; 2 An. 1013. "When the condition of an appeal bond for a devolutive appeal is only for payment of the costs of the appeal, the appeal should be dismissed. 28 An. 805; 13 An. 417; 3 An. 135, and C. P. 578. The defect in the original bond cannot be cured by substitution of another bond after motion made to dismiss the appeal. 13…
1Opinion of the Court
On Motion to Dismiss.
The opinion of the Court was delivered by
Todd, J.
The appellee moves to dismiss the appeal on the grounds, substantially,:
“ That the bond does not set forth in substance that it is given as *422surety; that the appellant will prosecute his appeal, and satisfy whatever judgment should be rendered against him.”
The sole condition expressed in the appeal bond in this case is as follows:
“ The condition of this obligation is such, that if the above bound Mrs. Feltus shall pay the costs of said appeal, then this obligation to be null and void.”
The bond, which is executed for a…
2Cited by1 opinion
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