McDonogh v. DeGruys

Allou d'Héméeourt, styling himself warrantor and appellee, has moved to dismiss this appeal, because the transcript was not filed within three judicial days after the return day.

The appellant, admitting the fact, urges various reasons why the motion should not prevail.

He says that d?üémécourt is without interest in the case, being no party to the record, and therefore his motion cannot be heard. It is a sufficient answer to this objection to say that the plaintiff has treated him as a party appellee, by giving an appeal bond in his favor.

It is alleged that the defendants have waived their…