Sauer v. Union Oil Co.
Supreme Court of Louisiana
APPEAL from the Twenty-sixthDistrict Court, Parish of Jefferson. Host, J. An order of appeal granted on motion in open court can not bemodified, extended or perfected by subsequent proceedings at chambers. Eournet et al. vs. Van Winekle, 33 An. 1109. An order of appeal by petition at chambers being defective for want of citation will bo dismissed.
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APPEAL from the Twenty-sixthDistrict Court, Parish of Jefferson. Host, J. An order of appeal granted on motion in open court can not bemodified, extended or perfected by subsequent proceedings at chambers. Eournet et al. vs. Van Winekle, 33 An. 1109. An order of appeal by petition at chambers being defective for want of citation will bo dismissed. Schmitt vs. JDronet & Rabasse, 42 An., No. 8, p. 716; Wheeler & Pierson vs. Petevkin et. ah, 38 An. 663; Succession of Treadwell, 38 An. 260; Eournet vs. Van Winkle, 33 An. 1108; Gerodiasvs Handy, sheriff, ot al., 31 An. 334; Ilardy vs. Stevenson,…
1Opinion of the Court
On Motion to Dismiss
The opinion of the court was delivered by
Bermudez, O. J.
In support of his motion to dismiss, the plaintiff and appellee contends that he should have been, and was not, cited, not even asked to be cited, and that the appeal was not perfected by the appellant giving bond, as required by law, within the tan days prescribed.
It appears that a verdict having been returned and a judgment rendered thereon, for $3500, against the defendant — the judgment signed in open court on the last day of the term, namely the 23d December, 1890 — the defendant moved for and obtained a…
2Cited by19 opinions
- Belden v. RobertsLouisiana Court of Appeal · 1926
- Guy v. McDuffieSupreme Court of Louisiana · 1909
- Roff v. Summit Lumber Co.Supreme Court of Louisiana · 1907
- Herold v. JeffersonSupreme Court of Louisiana · 1931
- Ellerman v. Skelly Oil Co.Supreme Court of Minnesota · 1948
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