Legal Opinion

Allen v. Henley

Supreme Court of Louisiana

Decided February 26, 1912No. 18,869Published

Appeal from Justice Court, Ward 2, Webster Parish; A. G. McCann, Justice of the Peace. Action by W. E. Allen against H. H. Henley. From a judgment for plaintiff, defendant appeals.

1Opinion

On Rehearing.

The defendant, whose property was seized, sued out an injunction to prevent its sale, on the ground that it was exempt from sale for debt under the homestead law.

Motion to Dismiss the Appeal.

[3] Plaintiff moved to dismiss, because the judge a quo failed to allow sufficient delay *865from the date of his order allowing the appeal to the date for filing the record in the appellate court.

This court has decided that such an error is imputable to the judge, and is not fatal to the appeal. It does not appear that the oversight was other than an oversight of the judge.

Part of the prayer of…

2Cases cited4 opinions

  1. Pearce v. State ex rel. BreazealeSupreme Court of Louisiana · 1897
  2. State v. CannonSupreme Court of Louisiana · 1892
  3. Watkins Banking Co. v. Louisiana Lumber Co.Supreme Court of Louisiana · 1895
  4. State ex rel. Breazeale v. CannonSupreme Court of Louisiana · 1895

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