Robicheaux v. Albritton

GLADNEY, Judge.

This suit on contract resulted in a judgment in favor of plaintiff for the amount claimed. A devolutive appeal by defendants is attacked in a motion to dismiss, grounded on the facts hereinafter set forth.

*88Judgment was rendered and signed September 2, Í9S8, and on September IS, 1958, defendants moved for and were granted orders of suspensive, and devolu-tive appeal. The defendants took no action with reference to said orders of appeal but on October 22, 1958, the full amount of the judgment, exclusive of court costs, was paid to plaintiff’s counsel. Defendants then paid to the…