Dobyns v. Yazoo & M. V. R.
Supreme Court of Louisiana
Appeal from Twenty-Fourth Judicial District Court, Parish of East Feliciana; Joseph Lindsay Golson, Judge. Action by Malia D. Dobyns against the Xazoo & Mississippi Yalley Railroad Company. Judgment for plaintiff, and defendant appeals.
1Opinion of the CourtMonroe, J.
Plaintiff, appellee, moves to dismiss the appeal on the ground that the judge, having by an order granted in open court made the appeal returnable in 60 days, subsequently in chambers granted another order fixing a return day, and that the sfecond order was not properly served.
The motion for appeal asks for an appeal “returnable to the Supreme Court * * * according to law,” and the order indorsed upon it by the judge on September 21, 1906, reads in part:
“It is ordered that an appeal be granted * * * returnable in sixty days to said Supreme Court,” etc.
On September 28th the judge, ex proprio…
2Cases cited5 opinions
- Orleans & J. Ry. Co. v. International Const. Co.Supreme Court of Louisiana · 1903
- State v. DellwoodSupreme Court of Louisiana · 1881
- Pearce v. State ex rel. BreazealeSupreme Court of Louisiana · 1897
- State ex rel. Hoey v. BrownSupreme Court of Louisiana · 1877
- Watkins Banking Co. v. Louisiana Lumber Co.Supreme Court of Louisiana · 1895
3Cited by26 opinions
- Viator v. GilbertSupreme Court of Louisiana · 1968
- McFarland v. Illinois Central Railroad Co.Supreme Court of Louisiana · 1961
- Croce v. Bromley Corp.Court of Appeals for the Fifth Circuit · 1980
- Pennington v. Justiss-Mears Oil CompanySupreme Court of Louisiana · 1961
- Humphreys v. Bennett Oil CorporationSupreme Court of Louisiana · 1940
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