Legal Opinion

Succession of Williams

Supreme Court of Louisiana

Decided October 29, 1923No. 26144PublishedCited by 15 opinions

1Opinion of the CourtDawkins, J.

Appellee has moved to dismiss this appeal upon the grounds, first, that appellant did not apply for a new trial in the lower court, and, second, “that no citation of appeal was issued or served therein.”

The first ground is without merit, for it is settled that a party cast does not have to apply for a new trial to entitle him to the right of appeal. Levert v. Berthelot, 127 La. 1004, 54 South. 329; Connelly v. So. Pac. Co., 140 La. 120, 72 South. 829; Grevemberg v. Roane, 133 La. 679, 63 South. 280.

As to the second point, there is nothing in ■ the minutes or otherwise to show that the motion…

2Cases cited3 opinions

  1. Levert v. BerthelotSupreme Court of Louisiana · 1910
  2. Grevemberg v. RoaneSupreme Court of Louisiana · 1913
  3. Connelly v. Southern Pac. Co.Supreme Court of Louisiana · 1915

3Cited by15 opinions

  1. Gardiner v. ErskineSupreme Court of Louisiana · 1929
  2. Succession of SingerSupreme Court of Louisiana · 1945
  3. Peltier v. ThibodauxSupreme Court of Louisiana · 1932
  4. Vidrine v. American Employers Ins. Co.Louisiana Court of Appeal · 1961
  5. Louisiana Power Light Co. v. MosleyLouisiana Court of Appeal · 1944

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