Legal Opinion
Hotard v. Consolidated Companies
Louisiana Court of Appeal
Decided November 3, 1930No. 13,349PublishedCited by 4 opinions
1Opinion of the Court
*671ON MOTION TO DISMISS
HIGGINS, J.
The ground on which the motion to dismiss this appeal is based is that the transcript was filed too late. The order granting the appeal fixed the return day as December 30, 1929. The transcript was filed January 3, 1930, or one day more than three calendar days after the return day.
The appellant resists the motion to dismiss upon two grounds:
First, that January 1st, having intervened between December 30th and January 3rd, and being a dies non, it should not be counted.
Second, that article 318 of the Code of Practice, which is applicable to this situation,…
2Cases cited4 opinions
- Keplinger v. BarrowSupreme Court of Louisiana · 1913
- State ex rel. Bourg v. MarreroSupreme Court of Louisiana · 1913
- New Iberia Nat. Bank v. LyonsSupreme Court of Louisiana · 1927
- Roussel v. GuiterrezLouisiana Court of Appeal · 1930
3Cited by4 opinions
- Kelly, Weber & Co. v. F. D. Harvey & Co.Supreme Court of Louisiana · 1933
- Roussel v. WilsonLouisiana Court of Appeal · 1935
- Burns v. Mosaic Templars of AmericaLouisiana Court of Appeal · 1931
- Scott v. DaubertLouisiana Court of Appeal · 1935