Eznack v. George

ON MOTION TO DISMISS SUSPEN-SIVE APPEAL

CULPEPPER, Judge.

The plaintiff, Mrs. Eznack, obtained a judgment of eviction against the defendant, Ted George, on April 15, 1971. The defendant moved for and was granted a suspensive and/or devolutive appeal from this judgment.

The plaintiff has moved to dismiss the suspensive appeal on the ground that the answer filed by the defendant in the trial court was not under oath, as required by the provision of Article 4735 of the Louisiana Code of Civil Procedure. The matter is before us now on that motion to dismiss the appeal.

Article 4735 makes special…