Boudreaux v. Boudreaux
Supreme Court of Louisiana
Appeal from Nineteenth Judicial District Court, Parish of St. Martin; James Simon, Judge. Action by Olympe Boudreaux and others against Sylvain Boudreaux. Judgment for defendant, and plaintiffs appeal.
1Opinion of the Court
On- Motion to Dismiss.
PROYOSTY, J.
The transcript having been filed more than three days after the return day, and there being a motion to dismiss, the appeal must, be dismissed. Code Prac. art. 594; Laussade v. Maury, 31 La. Ann. 858.
The motion to dismiss was filed more than three days after the filing of the transcript; but a motion to dismiss, based on the tardy filing of the transcript, need not be filed within the three days following the filing of the transcript. Hudson v. Garrett, Sheriff, 47 La. Ann. 1534, 18 South. 510.
Appeal dismissed.
2Cases cited1 opinion
- Hudson v. GarrettSupreme Court of Louisiana · 1895
3Cited by6 opinions
- Danna v. Yazoo M v. R. Co.Louisiana Court of Appeal · 1934
- Whitney Central Trust & Savings Bank v. Greenwood Planting & Mfg. Co.Supreme Court of Louisiana · 1920
- Abraham v. WallenbergSupreme Court of Louisiana · 1912
- Girod v. Monroe Brick Co.Supreme Court of Louisiana · 1910
- Klumpp v. FontenotLouisiana Court of Appeal · 1929
1 more not listed; retrieve them via the Exa API.