Bourgh v. Hester

Plaintiff and appellee move -to dismiss this appeal upon the ground that the transcript was filed too late.

The original return day, June 23, 1924, was upon timely application extended to July 23, 1924. The transcript was not filed until July 26, 1924, three days thereafter. No days of grace are allowable upon an extended return day. Sampite vs. Desloucha, 135 La. 330.

Appellant contends that where, as in this case, the appeal is made returnable to a day not in term time, the transcript may be filed on the first day of the next ensuing term, citing Hoke vs. Lee, 104 La. 124, 28 South. 922. The…