Jacobs v. Weaver Rivers

On Motion to Dismiss.

ST. PAUL, J.

There was judgment below on June 9, 1928, maintaining defendants’ plea of prescription and dismissing plaintiffs’ suit. On June 16, 1928, plaintiffs moved for, and were allowed, an appeal suspensive and devolutive returnable July 30, 1928. On June 19, 1928, plaintiffs perfected their appeal by furnishing the bond required.

Plaintiffs failed to file the transcript in this court on or before the return day, July 30, 1928, or within three days thereafter, nor did plaintiff obtain any extension of time for doing so. But the transcript was filed in this court only…