Redmond v. Mann

A motion to dismiss this appeal has been made on the grounds, that having taken a suspensive appeal and having failed to file tho record seasonably, tho appellant can not take a devolutive, appeal, after the dismissal of the first appeal.

The first appeal was dismissed, because tho record • was not filed, until more than three judicial days after the return day. The appellant contends, however, that inasmuch as the appeal was dismissed on motion of the appellee, it can not be said that the appellant abandoned Ills appeal, and therefore the right to a devolutive appeal may still be exercised.…