Legal Opinion

State ex rel. Solari v. Ellis

Supreme Court of Louisiana

Decided November 15, 1888No. 10,203PublishedCited by 5 opinions

APPLICATIONS for Certiorari and Mandamus. b Sections 2079. et seq., R. S. 1870, providing for appeals from judgments rendered by justices of the peace in the Parish of Orleans, were not repealed by the adoption of the Constitution of 1879. They remained in a condition of innocuous desuetude until quickened into life by the Constitutional Amendment of 1884. Like Art9. 857 and 858, C. P., regarding the writ of certiorari, or the State insolvent laws, during the existence of…

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APPLICATIONS for Certiorari and Mandamus. b Sections 2079. et seq., R. S. 1870, providing for appeals from judgments rendered by justices of the peace in the Parish of Orleans, were not repealed by the adoption of the Constitution of 1879. They remained in a condition of innocuous desuetude until quickened into life by the Constitutional Amendment of 1884. Like Art9. 857 and 858, C. P., regarding the writ of certiorari, or the State insolvent laws, during the existence of the bankrupt act, the operation of these laws was suspended, hut they were not repealed. 117 U. S. 201. Hence Sec. 2093,…

1Opinion of the Court

The opinion of the Court was delivered by

Poché, J.

The complaint in this case is that the respondent judge •erroneously dismissed an appeal brought to his court by relator from •one of tbe city courts.

The ground of the dismissal was that the appeal had not been completed in time under Rule 29 of the Civil District Court, which reads -as follows:

*794“In any case appealed from a city court, the record must be filed in this Court before the expiration of the tenth day after filing the bond in the court a qua, unless such tenth day should fall upon a holiday, in which event the appellant shall be…

2Cited by5 opinions

  1. Kelly, Weber & Co. v. F. D. Harvey & Co.Supreme Court of Louisiana · 1933
  2. Hendren v. Crescent City Seltzer & Mineral Water Co.Louisiana Court of Appeal · 1924
  3. Simeon v. Board of Levee Com'rsLouisiana Court of Appeal · 1929
  4. Pellachino v. CryerLouisiana Court of Appeal · 1934
  5. State v. VicknairSupreme Court of Louisiana · 1906

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