Legal Opinion

Mayville Canal Co. v. Lake Arthur Rice Milling Co.

Supreme Court of Louisiana

Decided March 18, 1907No. 16,332PublishedCited by 9 opinions

Appeal from Fifteenth Judicial District Court, Parish of Calcasieu; Edmund Dennis Miller, Judge. Action by the Mayville Canal Company, Limited, against the Lake Arthur Rice Milling Company, Limited. Judgment for defendant, and plaintiff appeals.

1Opinion of the Court

On Motion to Dismiss.

BREAUX, C. J.

Appellee’s grounds to dismiss are that the order for an appeal was moved for orally in open court on August 8, 1906, and was granted in open court; that the cause was tried and judgment pronounced during the month of April, 1906; that the term of court expired July 2, 1906; that as a result the order of appeal was granted at a term subsequent to that in which the cause was tried and judgment rendered; that the appeal should be dismissed for want of citation and petition.

Appellant urged, in answer to this motion of appellee to dismiss, that the district court…

2Cases cited5 opinions

  1. Wheeler v. PeterkinSupreme Court of Louisiana · 1886
  2. De St. Romes v. MacartySupreme Court of Louisiana · 1869
  3. Prudhomme v. EdensSupreme Court of Louisiana · 1843
  4. St. Avid v. PichotSupreme Court of Louisiana · 1848
  5. State ex rel. City of New Orleans v. Judge of the Sixth District Court for the Parish of OrleansSupreme Court of Louisiana · 1869

3Cited by9 opinions

  1. City Sav. Bank & Trust Co. v. Shreveport Brick Co.Supreme Court of Louisiana · 1931
  2. Pool v. GaudinSupreme Court of Louisiana · 1945
  3. J. PEREZ, SA v. Louisiana Rice Growers, Inc.Louisiana Court of Appeal · 1962
  4. Haggerty v. AnnisonSupreme Court of Louisiana · 1913
  5. Scharfenstein & Sons, Inc. v. Item Co.Supreme Court of Louisiana · 1932

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