Legal Opinion
Swain v. Globe Lumber Co.
Supreme Court of Louisiana
Decided October 18, 1915No. 21610PublishedCited by 10 opinions
Appeal from Eleventh Judicial District Court, Parish of Red River; W. T. Cunningham, Judge. Petitory action by James Swain against the Globe Lumber Company, Limited. From judgment for defendant, plaintiff appeals.
1Opinion of the Court
On Motion to Dismiss Appeal.
PROVO STY, J.
[1] The minutes in this case read:
“Judgment read signed and filed, see decree. Motion for new trial filed and overruled, orders for appeal granted plaintiff returnable to the Honorable Supreme Court at New Orleans, La., on August 30, 1915. Devolutive appeal bond fixed in the sum of $200. Suspensive appeal bond fixed as by law directed.”
The minutes contain no recital of a motion for an appeal having been made in open court; and appellee moves to dismiss the appeal on the ground that the minutes must, under penalty of dismissal, show that a motion for an…
2Cases cited1 opinion
- Friscoville Realty Co. v. Police Jury of Parish of St. BernardSupreme Court of Louisiana · 1909
3Cited by10 opinions
- Gardiner v. ErskineSupreme Court of Louisiana · 1929
- McCann v. ToddSupreme Court of Louisiana · 1942
- Marsh v. AvegnoLouisiana Court of Appeal · 1926
- Hollingsworth v. CaldwellSupreme Court of Louisiana · 1939
- Labarre v. RateauSupreme Court of Louisiana · 1943
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