Legal Opinion

Defilice v. Autin

Louisiana Court of Appeal

Decided October 5, 1933No. 1202Published

1Opinion of the Court

LE BLANC, Judge.

We search the record in this case in vain for an order of appeal granted by the district judge. Neither do we find an extract of the minutes of court to show that an appeal was granted on motion made in open court. True, we find a bond for a devolutive appeal furnished by the defendant, but even this bond does not show that the appeal was taken to this court.

The order of the judge granting the appeal is the foundation of the appeal, and the appellate court will ex officio notice the lack of such an order,.and on their own motion dismiss the appeal. Gagneaux v. Desonier, 104…

2Cases cited3 opinions

  1. Gagneaux v. DesonierSupreme Court of Louisiana · 1900
  2. Nona Mills Co. v. W. W. Gary Lumber Co.Louisiana Court of Appeal · 1930
  3. McKnight v. DenouvionSupreme Court of Louisiana · 1870

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