Legal Opinion

Roberts v. Benton

Supreme Court of Louisiana

Decided October 15, 1841PublishedCited by 6 opinions

Appeal by the defendant from a judgment of the District Court for the parish of Carroll, Davis, J., in favor of the plaintiff.. moved to dismiss the appeal, and cited Code of Pr., 594. Dozer v. Sargent, 4 La., 41.

1Opinion of the CourtMorphy, J.

A motion to dismiss this appeal has been made,

which, in our opinion, must prevail. The ground assumed is that a previous appeal was taken, which the appellant neglected to prosecute. At the last term of this court, the appellant moved for an extension .of time to bring up his record, but the reason given in support of this motion appearing unsatisfactory, it was refused. When a party fails to take the necessary steps to prosecute his appeal, he will be considered as having abandoned it in the sense and meaning of article 594 of the Code of Practice ; and will not be allowed to renew it. It is…

2Cited by6 opinions

  1. Brickell v. ConnerSupreme Court of Louisiana · 1855
  2. Cambon Bros. v. SuthonSupreme Court of Louisiana · 1921
  3. Hymel v. Illinois Cent. R.Supreme Court of Louisiana · 1906
  4. Fletcher v. Ozone Lumber Co.Supreme Court of Louisiana · 1909
  5. Henri v. FrancincuesSupreme Court of Louisiana · 1879

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