Rains v. Kemp

The facts are stated in the opinion of the court, delivered by

Martin, J.

The defendant and appellee prays the dismissal of the appeal, on a suggestion that it is a second appeal taken without the first having been regularly withdrawn or disposed of.

It appears that on the 30th of April, 1831, the present appellant obtained an appeal from a judgement against him in the District Court of the parish of St. Helena, returnable on or before the first Monday of November, then following. *319Afterwards, the party, on a suggestion that the appeal had not been made returnable on a judicial day, obtained…