Legal Opinion

Keplinger v. Barrow

Supreme Court of Louisiana

Decided February 3, 1913No. 19,221PublishedCited by 11 opinions

Appeal from Twenty-Fourth Judicial District Court, Parish of West Feliciana; George J. Woodside, Judge. Action between Charles T. Keplinger and others and A. Feltus Barrow. Judgment for the latter, and the former appeal.

1Opinion of the CourtProvo Sty, J.

[1] The law (Act 106, p. 163, of 1908) requires that, in the order granting an appeal, the judge shall fix the return day, and that it shall be not less than 15 *246nor more than 60 days from the date of the •order.

In the present case the judge did not do this, but made the appeal returnable “ac•eording to law.”

The appellants asked in their application •for the appeal, which was by oral motion in ;opeu court, that it be made returnable “according to law”; that is to say, in conformity with the above-mentioned statute. That this was not done was the fault entirely of .the judge; hence it is not…

2Cases cited4 opinions

  1. Lopes v. SahuqueSupreme Court of Louisiana · 1904
  2. State v. AugustusSupreme Court of Louisiana · 1911
  3. Brooks v. SmithSupreme Court of Louisiana · 1907
  4. Welch v. SmithSupreme Court of Louisiana · 1907

3Cited by11 opinions

  1. State Ex Rel. Marcade v. City of New OrleansSupreme Court of Louisiana · 1949
  2. New Iberia Nat. Bank v. LyonsSupreme Court of Louisiana · 1927
  3. Martin v. GarySupreme Court of Louisiana · 1913
  4. Hotard v. Consolidated CompaniesLouisiana Court of Appeal · 1930
  5. Laiche v. MartinSupreme Court of Louisiana · 1914

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