Brooks v. Smith
Supreme Court of Louisiana
Appeal from Twenty-Sixth Judicial District Court, Parish of Washington; Thomas Moore Burns, Judge. Action by John Brooks and wife against H. J. Smith and others. Judgment for defendants, and plaintiffs appeal.
1Opinion of the Court
On Motion to Dismiss Appeal.
MONROE, J.
Defendants (appellees) move to dismiss the appeal in this case on the ground that a previous appeal was dismissed because of the failure of the appellants to bring up the transcript within the delay fixed. The fact being as stated (Brooks v. Smith, 118 La. 758, 43 South. 399), the motion must prevail. When an appeal is dismissed for failure of the appellant to file the transcript in time, it is considered abandoned, and cannot afterwards be renewed. Code Prac. art. 594. Bienvenu v. Insurance Co., 33 La. Ann. 209; Succession of Llula, 42 La. Ann. 475, 7…
2Cases cited3 opinions
- Brooks v. SmithSupreme Court of Louisiana · 1907
- Bienvenu v. Factors' & Traders' InsuranceSupreme Court of Louisiana · 1881
- Mutual Loan & Building Ass'n v. First African Baptist ChurchSupreme Court of Louisiana · 1897
3Cited by8 opinions
- Brooks v. MageeSupreme Court of Louisiana · 1910
- J. S. Terry Const. Co. v. James K. Sutherlin Co.Supreme Court of Louisiana · 1919
- Girod v. Monroe Brick Co.Supreme Court of Louisiana · 1910
- Gazzo v. Bisso Ferry Co.Louisiana Court of Appeal · 1937
- Vasquez v. VasquezSupreme Court of Louisiana · 1913
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