Legal Opinion

Fischer v. Palmisano's Succession

Louisiana Court of Appeal

Decided April 24, 1933No. 14561Published

1Per curiam

Appellee moves to dismiss this appeal on the ground that no citation of appeal was prayed for by appellant nor served upon ap-pellee, although the appeal was taken by motion filed at a term of court subsequent to that at which the judgment was rendered.

It appears from the record that the facts are as stated, in the motion to dismiss the appeal.

In Palmisano & Palmisano v. Bonner, 167 La. 1015, 120 So. 630, 631, in which there was presented to the Supreme Court of Louisiana a situation identical with that now before us, that court said:

“It-appears from this motion that no citation 'was 'Prayed…

2Cases cited7 opinions

  1. McGaw v. O'BierneSupreme Court of Louisiana · 1909
  2. Smith v. O'Reilly Elevator Co.Supreme Court of Louisiana · 1914
  3. King v. First Methodist ChurchSupreme Court of Louisiana · 1915
  4. Gagneaux v. DesonierSupreme Court of Louisiana · 1901
  5. Wheeler v. PeterkinSupreme Court of Louisiana · 1886

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