O'Brien v. D'Hemecourt
Supreme Court of Louisiana
Appeal from Civil District Court, Parish of Orleans; Thomas C. W. Ellis, Judge. Action by Julia A. O’Brien against Charles D’Hemecourt, her husband. Judgment for plaintiff. Defendant appeals.
1Opinion of the Court
On Motion to Dismiss the Appeal.
BREAUX, C. J.
In a motion to dismiss, appellee suggests that the order granting a suspensive appeal had elapsed, and that therefore the appeal, in so far as it purports to be a suspensive appeal, should be dismissed.
The 10 days had elapsed from the date the judgment was signed to the day the order of appeal-was granted. The bond of appeal was signed after the 10 days had elapsed within which a suspensive appeal should be signed.
The appellant has no right to a suspensive appeal. Whatever right he has, if at all, must be urged on a devolutive appeal.
It is ordered,…
2Cited by2 opinions
- Abrams v. RosenthalSupreme Court of Louisiana · 1922
- Hudson v. CozartLouisiana Court of Appeal · 1983