Smith v. O'Reilly Elevator Co.
Supreme Court of Louisiana
Appeal from Civil District Court, Parish of Orleans; Porter Parker, Judge. Action by Widow Mary Smith against the O’Reilly Elevator Company, Limited. From judgment of dismissal, plaintiff takes devolutive appeal.
1Opinion of the Court
On Motion to Dismiss Appeal.
LAND, J.
Judgment in favor of the defendant dismissing plaintiff’s suit was read and signed in open court on January 21, 1913.
On December 5, 1913, by motion made in open court, plaintiff obtained an order for a devolutive appeal from said judgment, and on December 10, 1913, perfected said appeal by filing bond in the sum fixed by the court.
Defendant has moved to dismiss the appeal on the grounds that no citation of appeal was ever prayed for by the appellant, or issued or served herein, and that, as the motion for appeal was granted at a subsequent term of the…
2Cases cited4 opinions
- McGaw v. O'BierneSupreme Court of Louisiana · 1909
- Gagneaux v. DesonierSupreme Court of Louisiana · 1901
- Wheeler v. PeterkinSupreme Court of Louisiana · 1886
- A. J. Trounstine & Co. v. WareSupreme Court of Louisiana · 1887
3Cited by14 opinions
- Ducre v. Succession of DucreSupreme Court of Louisiana · 1928
- Bass v. LaneSupreme Court of Louisiana · 1930
- Officer v. American Ins. Co.Supreme Court of Louisiana · 1935
- King v. First Methodist ChurchSupreme Court of Louisiana · 1915
- Palmisano & Palmisano v. BonnerSupreme Court of Louisiana · 1929
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