Borah v. Dussel

Relators, in this case, have applied for a writ of mandamus to force the judge of the civil district court, for the parish of Orleans, division D, to grant them a suspensive and devolutive appeal from a judgment decreeing that a surety on a 12 months bond which they tendered was not sufficient.

Borah, one of the litigants opposed to r&lators, has excepted to the application on the ground that no written notice of intention to apply for the writ was served on him or his counsel, as required by rule 15 of this court (136 La. xii, 67 South xi). The judge below has made his return without…