Gilmore & Maginnis v. Meeker
Supreme Court of Louisiana
Appeal from Judicial District Court, Parish of Rapides; William Cullen Roberts, Judge ad hoc. Action by Gilmore & Maginnis against Joseph H. Meeker. Judgment for plaintiffs, and defendant appeals.
1Opinion of the Court
Motion to Dismiss.
BREAUX, C. J.
Defendant and appellee has moved to dismiss the appeal, urging as ground for dismissal that the bond is insufficient for a suspensive appeal.
The amount of the bond is $3,500.34, less than one-half over and above’ the amount of the judgment rendered. It should have exceeded the judgment by one-half.
*439This question has been carefully considered recently. It was held that the rule “de minimis” did not have any application to appeal bonds. Pelletier v. State National Bank, 112 La. 563, 36 South. 592.
The suspensive appeal, therefore, is dismissed. The order of appeal…
2Cases cited3 opinions
- Lozes v. Segura Sugar Co.Supreme Court of Louisiana · 1900
- Pelletier v. State Nat. BankSupreme Court of Louisiana · 1904
- City of New Orleans v. MachecaSupreme Court of Louisiana · 1904
3Cited by3 opinions
- Cahn v. Baccich & De MontluzinSupreme Court of Louisiana · 1915
- Cahn v. Baccich & De MontluzinSupreme Court of Louisiana · 1915
- Cupples Co., Manufacturers v. BaskowitzSupreme Court of Louisiana · 1931