De Bautte v. Weil Bros.
Louisiana Court of Appeal
Appeal from the 27th Judicial District Court, Parish of St. James. Honorable Charles T. Wortham, Judge. On Application for Rehearing.
1Opinion of the Court
His Honor, JOHN ST. PAUL,
rendered the opinion and decree of the Court, as follows:
Since a motion to dismiss an appeal because no appeal bond has been furnished must be made within three judicial days after the transcript is filed (State vs. Callac, 45 An., 27) it follows the matter is not jurisdictional and cannot be noticed by the Court ex proprio motu.
The ruling in Gagneause vs. Desonier, 104 La., 648, has no .application since in that case it was held that want of *108an order of appeal was jurisdictional; but in any event that case must be considered as overruled by Vallee vs. Hunsbery, 108…
2Cases cited5 opinions
- Gagneaux v. DesonierSupreme Court of Louisiana · 1900
- Vallee v. HunsberrySupreme Court of Louisiana · 1902
- People's Bank v. ArceneauxSupreme Court of Louisiana · 1914
- Union Bank v. LamotheSupreme Court of Louisiana · 1843
- Tell v. SenacSupreme Court of Louisiana · 1908