Borie v. King

ON MOTION TO DISMISS.

Plaintiffs obtained a judgment as prayed for against defendant in the Civil District Court. Defendant was granted a suspensive appeal. Plaintiff, by rule, questioned the solvency of the surety on the appeal bond and the court rendered judgment, making the rule absolute, and dismissed the appeal. From this judgment dismissing the appeal a suspensive appeal was granted to this Court. Plaintiffs move to dismiss upon the ground that no appeal can be taken from a judgment dismissing an appeal, the proper remedy being by writ of prohibition.

The appeal must be dismissed.

"The…