Automobile Ins. Co. of Hartford v. Dykes

TALIAFERRO, Judge.

The motion tenders the identical issue that was tendered in the following cases before this Court, viz.: Danna v. Yazoo & M. V. R. Co., La.App., 154 So. 365; Varnell v. Babin, La.App., 13 So.2d 495; Johnson v. Louisville Fire & Marine Insurance Co., La.App., 49 So.2d 462.

In each of these cases, as in the present one the record reached the Court in time to preserve the appeal, but was not filed within that time because the filing fee of $5 was not timely deposited. Under the rules of the Court, the Clerk is positively forbidden to file a record until the filing fee has been…