Legal Opinion

McManemin v. Malone

Louisiana Court of Appeal

Decided January 12, 1925No. 2174PublishedCited by 3 opinions

1Opinion of the Court

ON MOTION TO DISMISS

CARVER, J.

Appellee moves to dismiss the appeal on the ground that the Appeal Bond and Transcript were both filed too late. •

The appeal was made returnable March 5, 1924; the bond was filed in the lower court March 7, 1924; and the transcript was filed in this court March 8, 1924.

Being within the three days of grace allowed by law after the return day, this was in time.

Bouligny vs. White, 4 La. Ann. 31.

Lopez vs. Suhugne, 114 La. 1004, 38 South. 810.

The syllabus in the Boligny case reads:

“In a devolutive appeal, when no inconvenience o.r injury to the appellee is al*459leged…

2Cases cited2 opinions

  1. Lopes v. SahuqueSupreme Court of Louisiana · 1904
  2. State v. BantonSupreme Court of Louisiana · 1849

3Cited by3 opinions

  1. Bannister v. Chisesi LongoLouisiana Court of Appeal · 1941
  2. Wilson v. LeeLouisiana Court of Appeal · 1940
  3. Melton v. Gross & Janes Co.Louisiana Court of Appeal · 1950

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