Grevemberg v. Roane
Supreme Court of Louisiana
Appeal from Twenty-Third Judicial District Court, Parish of St. Mary; Charles A. O’Neill, Judge. Action by Agricela J. Grevemberg against J. D. Roane. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtProvosty, J.
This suit is for slander and assault; but the slander part must be disregarded.
The jury gave plaintiff $300. The appeal is by defendant. Plaintiff has moved that it be dismissed on the ground that there was no motion made for a new trial, and with that motion has coupled, in the alternative, the somewhat incongruous prayer that the judgment be increased.
[1] Failure to have asked for a new trial is no ground for dismissing an appeal. Kramer v. Railroad Co., 51 La. Ann. 1689, 26 South. 411. The motion to dismiss must therefore be overruled. But it has served the purpose of showing that…
2Cases cited1 opinion
- Kramer v. New Orleans, City & Lake RailroadSupreme Court of Louisiana · 1899
3Cited by5 opinions
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- Succession of WilliamsSupreme Court of Louisiana · 1923