Taney v. Meilleur
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. Tissot, J. When two judicial days have elapsed and intervened, a default may be confirmed. C. P. 312; Hall vs. Mulholland, 3 G. 113 ; DoBIanc vs. LeBlanc, 15 An. 224 ; Hart vs. Hixon, 24 An. 137. Where tbe appeal is taken only for delay, the judgment will be affirmed with damages.
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APPEAL from the Civil District Court for the Parish of Orleans. Tissot, J. When two judicial days have elapsed and intervened, a default may be confirmed. C. P. 312; Hall vs. Mulholland, 3 G. 113 ; DoBIanc vs. LeBlanc, 15 An. 224 ; Hart vs. Hixon, 24 An. 137. Where tbe appeal is taken only for delay, the judgment will be affirmed with damages. C. P. 907; 3 M. 405; 31 Au. 427. In aU cases where delay is granted either to do something or to answer, neither the day of serving the notice, nor that on which the act is to be done or the answer filed, are included. C. P. 318. Article 312 of the Code…
1Opinion of the Court
The opinion of the Court was delivered by
Bermudez, C. J.
The defendant appeals from a money judgment against him.
He assigns as error, patent on the face of the record, that the judgment by default properly taken against hirn was prematurely confirmed on the third judicial day, and that this could only have been done on the fourth judicial day, as he was entitled to the whole of the third judicial day to set the default aside.
• The appellant lias misconceived the law on the subject.
Article 312, C. P., which is applicable thereto, is in the following terms: '
“If two days after this first…
2Cases cited1 opinion
- Willard v. ParkerSupreme Court of Pennsylvania · 1829
3Cited by6 opinions
- Kelly, Weber & Co. v. F. D. Harvey & Co.Supreme Court of Louisiana · 1933
- Evans v. HamnerSupreme Court of Louisiana · 1946
- Kelly v. KelleherSupreme Court of Louisiana · 1936
- Martin v. Vapor Honing Co.Louisiana Court of Appeal · 1962
- Many Iron Works v. KayLouisiana Court of Appeal · 1933
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