Hirst v. Xeter Realty, Ltd.
Supreme Court of Louisiana
Appeal from Fifteenth Judicial District Court, Parish of Jefferson Davis; Alfred M. Barbe, Judge. Action by Ida Hirst and others against the Xeter Realty, Limited. Judgment for plaintiffs, and defendant appeals.
1Opinion of the Court
On Motion to Dismiss.
PROVOSTY, J.
[1, 2] The appeal herein is moved to be dismissed on the ground that the return day was fixed for a day more than 60 days after the date of the granting of the order of appeal.
Nothing shows that this error is imputable to the fault of the appellant; it is not, therefore, ground for dismissal. Hodge v. Monroe Mercantile Co., 105 La. 668, 30 South. 142; Railroad Co. v. Baton Rouge Brick Yard, 136 La. 833, 67 South. 922.
This case is sought to be differentiated from those in which the court has heretofore refused to dismiss the appeal, on the ground of an…
2Cases cited2 opinions
- Louisiana Ry. & Nav. Co. v. Baton Rouge BrickyardSupreme Court of Louisiana · 1915
- Hodge v. Monroe Mercantile Co.Supreme Court of Louisiana · 1901
3Cited by15 opinions
- Adsit v. ParkSupreme Court of Louisiana · 1919
- Stone v. Kimball's HeirsSupreme Court of Louisiana · 1942
- Cortinas v. MurraySupreme Court of Louisiana · 1954
- Byrne v. Commercial Security Co.Louisiana Court of Appeal · 1928
- Stevens v. JohnsonLouisiana Court of Appeal · 1955
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