Hamann v. Reinecke
Louisiana Court of Appeal
ON MOTION TO DISMISS. 1. Where by order of Court a suspensive appeal has been allowed on appellant’s furnishing bond in an amount fixed by the Judge, and bond has been furnished accordingly, the appeal will not be dismissed because it cannot be sustained as a suspensive appeal. 2. Though not good as a suspensive appeal, it will still stand as a devolutive appeal. Appeal from Civil District Court, Division “E.”
1Opinion of the CourtMoore, J.
Appellant applied for and obtained an order *246for a suspensive appeal from a judgment against him for a specific sum .
March 5, 1906.
The Court fixed the amount of the bond at Fifty Dollars and it was accordingly furnished. As this amount does not exceed by one-half the amount for which'the judgment was given, C.* P. 575-, the appellee thereupon moved to dismiss the appeal on the ground that the amount of the bond is not sufficient to justify a suspensive appeal.
That proposition may be true, but it does not lead up to the dismissal of the appeal. Where by order of Court a suspen-sive appeal has…
2Cases cited2 opinions
- Duperron v. Van WickleSupreme Court of Louisiana · 1842
- Velas v. Patton Coal Co.Supreme Court of Pennsylvania · 1900