L. J. Mestier & Co. v. A. Chevalier Pavement Co.

On Motion to Dismiss.

Nicholls, C. J.

The plaintiffs move to dismiss the appeal of H. B. McMurray, receiver, on the grounds:

1st — That he has no interest in the controversy between plaintiff and defendant and was only appointed for the purpose of collecting the paving certificates pledged by defendant to plaintiffs.

2nd — The district judge had no power to grant to H. B. McMurray a suspensive appeal from a money judgment exceeding two thousand dollars on a bond of two hundred and fifty dollars, and the order for a suspensive appeal should be rescinded, and is not sufficient to give-this court…