Russ & Hollingsworth v. Their Creditors
Supreme Court of Louisiana
APPEAL from the Eleventh District Court, Parish of Natchitoches. Pierson, J. On motion to dismiss. 1. An appeal bond which does not bind the appellant to prosecute the appeal is void for want of compliance with the law. 0.1\ 579; RawiO vs. Feltus, 33 An 422; Caldwell vs. Ballow, 7 ¡3. W. Rep. 677; Succession Calhoun, 35 An. 363. 2. The court will not depart from the letter of the law, when it is plain, under pretext of pursuing its spirit.
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APPEAL from the Eleventh District Court, Parish of Natchitoches. Pierson, J. On motion to dismiss. 1. An appeal bond which does not bind the appellant to prosecute the appeal is void for want of compliance with the law. 0.1\ 579; RawiO vs. Feltus, 33 An 422; Caldwell vs. Ballow, 7 ¡3. W. Rep. 677; Succession Calhoun, 35 An. 363. 2. The court will not depart from the letter of the law, when it is plain, under pretext of pursuing its spirit. C. C. 13. 3. Article 579, O. P., says: the appeal bond must be conditioned that the appellant shall prosecute the appeal. This language is not only plain…
1Opinion of the Court
On Motion to Dismiss Appeal.
The opinion of the court was delivered by
Watkins, J.
Plaintiffs and appellees move to dismiss this appeal, on the ground that the appeal bond is wanting in an essential requi*445site, it not containing the required stipulation of the Code of Practice, that appellants shall prosecute their appeal.
The opponents obtained appeals, suspensive and devolutive, and executed an appeal bond for $1000, the condition of which is that “if the said Harris, Day & Oo., and others, opponents in said writ, shall pay and satisfy such judgment as may be rendered against them on appeal in…
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