Randolph v. Sentilles
Supreme Court of Louisiana
Appeal from Twenty-First Judicial District Court, Parish of Iberville; E. B. Talbot, Judge. Action by Emily J. Randolph and others against Louis Sentilles. Judgment for defendant, and plaintiffs appeal.
1Opinion of the Court
On Motion to Dismiss.
PROVOSTY, J.
Motion is made to dismiss on the grounds, first, that an appeal cannot be taken by motion in open court after the expiration of 10 days from signature of judgment, and that this appeal was so taken; second and third, that there was no order of appeal and no citation.
What is meant by there being no order of appeal, we do not understand, since we find that the appeal was moved for and granted in open court. Citation being unnecessary when the appeal is taken by motion in open court at the same term at which the judgment is rendered (articles 573, 574, Code…
2Cases cited2 opinions
- Davis v. MillaudonSupreme Court of Louisiana · 1865
- Succession of HoyleSupreme Court of Louisiana · 1902
3Cited by13 opinions
- McMillan v. AikenSupreme Court of Alabama · 1920
- Gardiner v. ErskineSupreme Court of Louisiana · 1929
- Ganucheau v. MonnotSupreme Court of Louisiana · 1912
- Williamson v. KellyLouisiana Court of Appeal · 1987
- Cornish v. Kinder Canal CompanyLouisiana Court of Appeal · 1972
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