Goldberg Auction Co. v. Purvin

The appellee moves to dismiss this appeal upon the ground that the motion of appeal was not taken in time. It appears that the judgment below was signed on the 27th day of August, 1941, and the motion for a suspensive and devolutive appeal was not filed until September 9, 1941.

Act No. 219 of 1932 declares that an appeal from the City Courts of New Orleans "shall be allowed within ten days, exclusive of Sundays, from the signing of the judgment, * * *".

Exclusive of the day on which the judgment was signed, thirteen calendar days elapsed before the motion for appeal was filed. Two Sundays…