Ginn v. Clack
Supreme Court of Louisiana
Western Dist. APPEAL FROM THE COURT OF THE SEVENTH JUDICIAL DISTRICT, FO-R. THE PARISH OF OUACHITA, THE JUDGE OF THE SIXTH PRESIDING. Tliis is a petitory action to recover a tract of land in the possession of the defendant. On trial, after the pleadings and issues were made up, and evidence adduced, the defendant had judgment, from which the plaintiff appealed.
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Western Dist. APPEAL FROM THE COURT OF THE SEVENTH JUDICIAL DISTRICT, FO-R. THE PARISH OF OUACHITA, THE JUDGE OF THE SIXTH PRESIDING. Tliis is a petitory action to recover a tract of land in the possession of the defendant. On trial, after the pleadings and issues were made up, and evidence adduced, the defendant had judgment, from which the plaintiff appealed. Judgment was rendered the 25th of September, 1837, and an appeal was granted the 25th of September, 1838, returnable to the first Monday (1st"day) of October following. Citations issued and were served on the appellee the same day. But…
1Opinion of the Court
Martin, J,
delivered the opinion of the court.
The dismissal of the 'appeal is prayed for in this case, on the ground that it was granted on the 25th of September, 1838, and made returnable to the 1st of October following.
The appellant has urged, that the irregularity of the *481return day is cured by the citation, in which the appellee is cited to appear “on the first Monday in October next, if twenty-four days shall remain between the time of service hereof and the said first Monday of October, but if so many days shall not remain, then, in twenty-four days after,service hereof,” &c.
When there is…
2Cited by4 opinions
- Francis v. LavineSupreme Court of Louisiana · 1874
- State Ex Rel. Nunez v. BaynardSupreme Court of Louisiana · 1943
- Citizens' Bank v. RutySupreme Court of Louisiana · 1874
- Wooton v. Le BlancSupreme Court of Louisiana · 1880