State Ex Rel. Marcade v. City of New Orleans

HAWTHORNE, Justice.

The sole question presented by this motion to dismiss the appeal is whether the three days of grace provided in Article 883 of the Code of Practice, allowed an appellant for filing the transcript or for applying for an extension of time, are calendar days or judicial days.

In the instant case the appeal was made returnable on Friday, August 5, 1949. The transcript or record from the court below was not filed on or before this date, and appellant, the City of New Orleans, on Tuesday, August 9, filed a motion requesting . an extension of the return day for such filing, which…