Wood & Roane v. Wood
Supreme Court of Louisiana
ARREAL from the Fourteenth Judicial District Court, parish of Oua-chita. Parsons, J. First — Citation is a sine qua non; the evidence thereof is the sheriffs original return filed in the Supreme Court. If the law permits the counsel of an appellee resident to waive citation, the original waiver must be filed in the same court. Courts cannot presume so vital a fact. 13 An. 620. Second — The “return-day” does not mean two days more, or three clays.
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ARREAL from the Fourteenth Judicial District Court, parish of Oua-chita. Parsons, J. First — Citation is a sine qua non; the evidence thereof is the sheriffs original return filed in the Supreme Court. If the law permits the counsel of an appellee resident to waive citation, the original waiver must be filed in the same court. Courts cannot presume so vital a fact. 13 An. 620. Second — The “return-day” does not mean two days more, or three clays. “ Within the time ” means to and inclusive of the fixed day, but not two days beyond it. 11 M. 433 : 12 M. 505 ; 1 N. S. 573. Third — -The original…
1Opinion of the Court
On Motion to Dismiss.
The opinion of the Court was delivered by
Bermudez, C. J.
The.plain tiffs and appellees have filed two distinct, appearances, tending to a dismissal of the appeal.
In the first, they complain that they have not been cited according: to law.
In the second, cautiously reserving all rights under the motion? they say that the petition of appeal and transcript were not filed on the return-day appointed by law ; that the petition of appeal is not-annexed to the transcript, and was not filed in this Court as required by law ; that the appellant has filed no assignment of error in…
2Cases cited1 opinion
- Waln v. City of BeverlySupreme Court of New Jersey · 1893
3Cited by18 opinions
- Tapp v. Guaranty Finance CompanyLouisiana Court of Appeal · 1964
- General Motors Acceptance Corp. v. AnzelmoSupreme Court of Louisiana · 1953
- Lopes v. SahuqueSupreme Court of Louisiana · 1904
- Myrtle Grove Packing Company v. MonesSupreme Court of Louisiana · 1954
- McCutchen v. HudsonSupreme Court of Louisiana · 1913
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