Legal Opinion
Blanks v. Lephiew
Supreme Court of Louisiana
Decided March 3, 1913No. Nos. 19,392, 19,393PublishedCited by 4 opinions
Appeal from Fourth Judicial District Court, Parish of Union; R.. B. Dawkins, Judge. Two actions by J. P. Blanks and others against W. H. Lephiew and others. From the judgment, plaintiffs appeal.
1Opinion of the Court
On Motion to Dismiss.
PROVOSTY, J.
[1] Motion is made to dismiss the appeal on the ground that the judge fixed the amount of the appeal bond at too low a figure.
A similar motion to dismiss was disposed *548of by this court in Hughes v. Caruthers, 26 La. Ann. 530, thus briefly:
“The bond is for the amount fixed by the judge. It is therefore sufficient to maintain the appeal.”
The remedy of the appellee in case the bond has been fixed too low is to apply to the trial court for an increase; and, in case of refusal, to seek relief in the appellate court by appropriate writ.
The motion to dismiss is…
2Cases cited1 opinion
- Hughes v. CaruthersSupreme Court of Louisiana · 1874
3Cited by4 opinions
- Blanchard v. HaberSupreme Court of Louisiana · 1928
- Stringfellow v. Nowlin Bros.Supreme Court of Louisiana · 1925
- Andrus v. Eunice Band Mill Co.Supreme Court of Louisiana · 1936
- Donohoe Oil & Gas Co. v. MacK-jourden Co.Louisiana Court of Appeal · 1932