Upton v. Adeline Sugar Factory Co.
Supreme Court of Louisiana
Appeal from judicial district court, parish of St. Mary; Albert Campbell Allen, Judge. Action by Thomas J. Upton, Jr., against the Adeline Sugar Factory Company, Limited. Judgment for defendant, and plaintiff appeals.
1Opinion of the Court
On Motion to Dismiss.
BREAUX, J.
Defendant and appellee moves to dismiss the appeal on the ground that plaintiff and appellant had abandoned his appeal at the time that he moved for and perfected a second appeal.
*671This is erroneous. Appellant had not perfected a second appeal.
On the 2d day of July, 1902, plaintiff asked for an appeal suspensive, and, in the alternative, devolutive, which was granted, and made returnable on September 5, 1901. The bond for a devolutive appeal was fixed at $50. The bond for a suspensive appeal was fixed by the Code of Practice. No bond was furnished by the appellant…
2Cited by12 opinions
- St. Charles Parish School Bd. v. GAF Corp.Supreme Court of Louisiana · 1987
- Lafayette v. FarrSupreme Court of Louisiana · 1926
- Britt v. BrocatoLouisiana Court of Appeal · 1965
- Pons v. Yazoo & M. V. R.Supreme Court of Louisiana · 1911
- Des Allemands Lumber Co. v. Morgan City Timber Co.Supreme Court of Louisiana · 1905
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