Ryland v. Harve M. Wheeler Lumber Co.
Supreme Court of Louisiana
Appeal from Eighth Judicial District Court, Parish of Catahoula; S. B. Holstein, Judge. Action by Joseph T. Byland against the Harve M. Wheeler Lumber Company for personal injuries, under the law of torts, and in the alternative for compensation under the Employers’ Liability Act. Judgment for plaintiff under the Employers’ Liability Act, and defendant appeals.
1Opinion of the Court
On Motion to Dismiss Appeal.
MONROE, C. J.
Defendant having appealed front a judgment awarding plaintiff damages for personal injuries alleged to have been sustained while in the discharge of functions pertaining to his employment, plaintiff moves that the appeal be dismissed, on the ground that it was obtained by motion at a term of court subsequent to that at which it was rendered, and that it (defendant) was not cited, or prayed to be cited, to answer thereto.
The transcript contains the following “statement of facts” by the trial judge, to wit:
“This cause was tried before the undersigned on…
2Cases cited4 opinions
- McCutchen v. HudsonSupreme Court of Louisiana · 1913
- Mercer v. Natchez, B. & S. Ry. Co.Supreme Court of Louisiana · 1914
- State ex rel. Wellman v. BellSupreme Court of Louisiana · 1918
- State ex rel. Murray v. VoorhiesSupreme Court of Louisiana · 1898
3Cited by23 opinions
- Nesmith v. Reich Bros.Supreme Court of Louisiana · 1943
- Saint v. AllenSupreme Court of Louisiana · 1930
- James v. Hillyer-Deutsch-Edwards, Inc.Louisiana Court of Appeal · 1930
- Lacaze v. HardeeLouisiana Court of Appeal · 1941
- Beck v. Dubach Lumber Co.Supreme Court of Louisiana · 1930
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