Orleans & J. Ry. Co. v. International Const. Co.
Supreme Court of Louisiana
Appeal from Civil District Court, Parish of Orleans; John St. Paul, Judge. Action by the Orleans & Jefferson Railway Company, Limited, against the International Construction Company and others. From the judgment, plaintiff appeals.
1Opinion of the Court
On Motion to Dismiss.
PROVOSTY, J.
The appeal is moved to be dismissed on two grounds: First, that it was taken too late, one year having expired after the rendition of the judgment; second, that the return day was fixed for too early a day, sufficient time not being allowed to' cite the appellee.
The appeal was taken more than a year after the rendition of the judgment, but less than a year after its signature; the question is therefore whether the delay for appeal runs from the rendition or from the signature of'judgment. The Code says from rendition, (article 593), and appellee argues that,…
2Cases cited7 opinions
- Nicholls v. MaddoxSupreme Court of Louisiana · 1900
- Pearce v. State ex rel. BreazealeSupreme Court of Louisiana · 1897
- State ex rel. Attorney General v. WhartonSupreme Court of Louisiana · 1873
- Succession of MillaudonSupreme Court of Louisiana · 1871
- Frantz v. WaggamanSupreme Court of Louisiana · 1876
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3Cited by25 opinions
- Knight & Jillson Co. v. CastleIndiana Supreme Court · 1909
- M. H. Walker Realty Co. v. American Surety Co. of New YorkUtah Supreme Court · 1922
- Dilzell Engineering & Construction Co. v. LehmannSupreme Court of Louisiana · 1907
- Dobyns v. Yazoo & M. V. R.Supreme Court of Louisiana · 1907
- Lacaze v. HardeeLouisiana Court of Appeal · 1941
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