Gagneaux v. Desonier
Supreme Court of Louisiana
Appeal from judicial district court, parish of St. Mary; A. C. Allen, Judge. Action by Ursules Gagneaux against L. C. Desonier. Judgment for plaintiff, and defendant appeals.
1Opinion of the Court
On Motion to Dismiss Appeal.
BLANCHARD, J.
The contention is that no citation of appeal was issued to or served upon the appellee and that this omission is attributable to the appellant.
We find that the order for this appeal issued in open court at a term subsequent to that at which the judgment was rendered.
It was, therefore, necessary that appellee should be formally cited and it appears that she was not cited.
But we find, further, that the order of appeal, thus granted in open court, was predicated upon a formal petition for the appeal, presented and filed of that date, and in this petition…
2Cases cited5 opinions
- Gigand v. City of New OrleansSupreme Court of Louisiana · 1900
- Coudroy v. PecotSupreme Court of Louisiana · 1899
- Marigny v. StanleySupreme Court of Louisiana · 1831
- Lewis v. HennenSupreme Court of Louisiana · 1858
- State ex rel. Gerson v. RichardsonSupreme Court of Louisiana · 1885
3Cited by11 opinions
- Smith v. O'Reilly Elevator Co.Supreme Court of Louisiana · 1914
- Nunez v. SerpasSupreme Court of Louisiana · 1941
- Vidrine v. American Employers Ins. Co.Louisiana Court of Appeal · 1961
- Investors' Mortgage Co. v. AlemanSupreme Court of Louisiana · 1927
- Palmisano & Palmisano v. BonnerSupreme Court of Louisiana · 1929
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