State ex rel. Durieu v. New Orleans Land Co.

The judgment appealed from was rendered on February 6, 1928, and was signed on February 27,1928. The suspensive appeal (and also a devolutive appeal) was not applied for until March • 12, 1928. Joseph E. Renecky, Intervenor, in whose favor the judgment of the lower court was rendered, filed a motion to dismiss the suspensive appeal on the grounds that it was not taken within the ten days al-' lowed by law.

Article 575 of the Code of Practice, which prescribes the time within which an appeal must be taken in order to be suspensive, reads as follows;

“If the appeal has been taken within ten days,…