Walker v. Martolo
Supreme Court of Louisiana
AppEAL FROM THE COURT OF THE FIFTH DISTRICT, FOR THE PARISH OF LAFAYETTE, THE JUDGE OF THE SIXTH PRESIDING. This was a redhibitory action, in which there was a verdict and judgment for the defendant. The plaintiff appealed.
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AppEAL FROM THE COURT OF THE FIFTH DISTRICT, FOR THE PARISH OF LAFAYETTE, THE JUDGE OF THE SIXTH PRESIDING. This was a redhibitory action, in which there was a verdict and judgment for the defendant. The plaintiff appealed. The appeal was granted in December, 1838, returnable to the next term of the Supreme Court, at Opelousas, in September, 1839. This term failed and the record was not filed until September term, 1840. The appeal bond was dated September 11th, 1840. It did not appear from the record that any citation of appeal ever issued. moved to dismiss the appeal, for want of a citation…
1Opinion of the CourtMartin, J.
In this case the appellants having failed to cause citation to issue, the defendant and appellee has moved for the dismissal of the appeal.
It is contended that by the act of 1839, section 19, for “ any defect, error or irregularity in the citation of appeal or service thereof,” the appellant may have time allowed him to make *51service, and that, this case should be continued for that purpose.
This is a widely different case from that contemplated by the act of the legislature relied on. Here there was no citation issued. It is the duty of the appellant to see that the necessary steps are taken…
2Cited by13 opinions
- McCutchen v. HudsonSupreme Court of Louisiana · 1913
- Jacobsen v. McGarrySupreme Court of Louisiana · 1933
- Wheeler v. PeterkinSupreme Court of Louisiana · 1886
- Graves v. D'ArtoisSupreme Court of Louisiana · 1946
- Comire v. Schiro Amusement Co.Louisiana Court of Appeal · 1927
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