Pond v. Horton
Supreme Court of Louisiana
APPEAL FROM THE COURT OF THE THIRD JUDICIAL DISTRICT, THE JUDGE THEREOF PRESIDING. In this -case, the appeal was granted on the 27th November,-1833, returnable to the Supreme Court, at Baton Rouge, the first Monday in August, 1834. The first Monday was the third day of the month, and the appeal record was not filed, until the ninth day of the month.
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APPEAL FROM THE COURT OF THE THIRD JUDICIAL DISTRICT, THE JUDGE THEREOF PRESIDING. In this -case, the appeal was granted on the 27th November,-1833, returnable to the Supreme Court, at Baton Rouge, the first Monday in August, 1834. The first Monday was the third day of the month, and the appeal record was not filed, until the ninth day of the month. The appeal was taken by the defendant and appellant. moved to dismiss the appeal on the following grounds: 1. That the record was not filed on the return day thereof. 2. The transcript of the record, was filed with the clerk after the return day,…
1Opinion of the CourtMathews, J.
In this case the appellee moves to dismiss the appeal, on the grounds, that the transcript of the record of proceedings was not filed in the Supreme Court, on the day of the return of the appeal, as required by the 587th article of the Code of Practice and that no application was made to the court, for leave to file it after that day, as prescribed by law.
These we believe to be good grounds, in support of the motion to dismiss.
It is, therefore, ordered, that the appeal in this case be dismissed.
2Cited by4 opinions
- Duperron v. Van WickleSupreme Court of Louisiana · 1843
- Pierce v. CushingSupreme Court of Louisiana · 1881
- Roy O. Martin Lumber Co. v. MullenSupreme Court of Louisiana · 1927
- State Ex Rel. Marcade v. City of New OrleansSupreme Court of Louisiana · 1949