Neely v. Texas & P. Ry. Co.
Supreme Court of Louisiana
Appeal from Civil District Court, Parish of Orleans; T. C. W. Ellis, Judge. Action by Jeff D. Neely against the Texas & Pacifiic Railway Company. Judgment for defendant, and plaintiff appeals. Defendant appeals from ruling on sufficiency of surety, and brings certiorari. These matters were consolidated.
1Opinion of the CourtProvosty, J.
[1] By Act 112, p. 241, of 1916 the appellant may give a second appeal bond where the sureties on the first are pecuniarily insufficient. But this1 must be done “within two days” after the adverse party has served upon him notice of such insufficiency.
Notice was thus served upon the appellant Jeff D. Neely, by means of a rule to test the sufficiency of the surety on his appeal bond, of which he accepted service on June 22, 1915; and the second bond which he gave, in an attempt to take advantage of the provisions of said act, was filed in September, 1915 — evidently too late. His motion that…
2Cited by4 opinions
- Shreveport Long Leaf Lumber Co. v. HollingsworthSupreme Court of Louisiana · 1925
- Aronowitz v. DulitzLouisiana Court of Appeal · 1926
- Neely v. Texas & P. Ry. Co.Supreme Court of Louisiana · 1916
- Citizens Discount & Investment Co. v. MichonLouisiana Court of Appeal · 1927