McGaw v. O'Beirne
Supreme Court of Louisiana
Appeal from Civil District Court, Parish of Orleans; George H. Theard, Judge. Action by Mr. and Mrs. William H. McGaw against Edward J. O’Beirne. Judgment for defendant, and plaintiffs appeal.
1Opinion of the Court
On Motion to Dismiss.
LAND, J.
Plaintiffs took a former appeal in this case, which they perfected by giving bond and filing transcript. The said appeal was dismissed at the instance of the defendant and appellee because it was made on a motion at an ensuing term without citation to the appellee.
The present motion to dismiss is on the ground that plaintiffs cannot take a second appeal.
In Dugas v. Truxillo, 15 La. Ann. 116, the court said:
“That appeal was dismissed on motion of the appellees, and cannot be considered as an abandonment of the appeal by the appellants. The second appeal having been…
2Cases cited3 opinions
- Succession of WeberSupreme Court of Louisiana · 1901
- Johnson v. ClarkSupreme Court of Louisiana · 1877
- Dugas v. TruxilloSupreme Court of Louisiana · 1860
3Cited by7 opinions
- Boner v. Fall River County BankWyoming Supreme Court · 1917
- CDT, INC. v. Greener & Sumner Architects, Inc.Louisiana Court of Appeal · 1984
- Price v. PriceCourt of Appeals of Texas · 1946
- Tschirn v. HarringtonLouisiana Court of Appeal · 1983
- Kenner v. Slidell Savings & Homestead Ass'nSupreme Court of Louisiana · 1930
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