Bowie v. Davis
Supreme Court of Louisiana
APPEAL from the Thirteenth Judicial District Court, Parish of Tensas. Hough, J. , On Motion to Dismiss. First — Under Article 574 C. P., the motion of appeal, made in open court at the same term at which the judgmeut was rendered, operates as a citation of appeal, and is, in fact, a constructive citation.
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APPEAL from the Thirteenth Judicial District Court, Parish of Tensas. Hough, J. , On Motion to Dismiss. First — Under Article 574 C. P., the motion of appeal, made in open court at the same term at which the judgmeut was rendered, operates as a citation of appeal, and is, in fact, a constructive citation. Brickell vs. Connor, 10 A. 235. Second — Therefore, under Art. 594, C. P., after appellant has taken an appeal by motion in-open court, he cannot withdraw it, but is bound to prosecute, or to abandon it. Third — Where a defendant, after obtaining in open court an order for both a suspensive…
1Opinion of the Court
On Motion to Dismiss.
The opinion of the Court was delivered by
Levy, J.
Appellee moves to dismiss this appeal on the following-grounds:
1st. Because appellant obtained on November 5th, 1880, on motion-in open court, an order for both a suspensive and devolutive appeal,., returnable to the Supreme Court on the 2d Monday of November, 1880,. and failed to file the record in this Court on said return day, or within three judicial days thereafter, which failure operated an abandonment of said appeals, both suspensive and devolutive, and for this reason, the • second devolutive appeal, taken by…
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- Buillard v. DavisSupreme Court of Louisiana · 1940
- Succession of ReynoldsSupreme Court of Louisiana · 1956
- Day v. GoffLouisiana Court of Appeal · 1925
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