Sunset Realty & Planting Co. v. Barrios

This matter comes before us on motion to dismiss the suspensive and the devolutive appeal taken by defendant. The suit is for the ejectment of a tenant. The judgment appealed from ordered the tenant to vacate the premises.

The motion to dismiss the appeal is based on the fact that defendant did not file any special defense, and Section 2157 of the Revised Statutes, Section 6599 of Dart’s General Statutes, is relied upon as' authority for the proposition that no appeal “shall suspend execution” of such a judgment “unless the defendant has filed a special defense, supported by his oath, that all…