Legal Opinion

Bilich v. Mathe

Supreme Court of Louisiana

Decided April 5, 1920No. 23799PublishedCited by 16 opinions

Appeal from Twenty-Ninth Judicial District Court, Parish of Plaquemines; R Em-met Hingle, Judge. Action by Andrew Bilich, Sr., and wife, against Seymour J. Mathe, for damages for the killing of their six year old- son by an automobile. From a judgment dismissing the suit, the plaintiffs appeal.

1Opinion of the Court

On Motion to Dismiss Appeal.

O’NIELL, J.

[1] The defendant has moved to dismiss this appeal for. irregularities in the appeal bond. He obtained, in the district court, a rule on appellate to show cause why the appeal should not be dismissed; but the rule was not served upon appellant, nor was any further proceeding had in the matter. According to section 9 of Act 112 of 1916, an appeal should not be dismissed for any inaccuracy or error in the appeal bond, or for insufficiency of .the security, unless the appellant has been put in default, in the district court, in the manner directed by the…

2Cases cited2 opinions

  1. Hurry v. HurrySupreme Court of Louisiana · 1918
  2. Wilkin-Hale State Bank v. TuckerSupreme Court of Louisiana · 1921

3Cited by16 opinions

  1. O.K. Realty Co. v. John A. Juliani, Inc.Louisiana Court of Appeal · 1924
  2. Otero v. EwingSupreme Court of Louisiana · 1927
  3. Grant v. Succession of GrantSupreme Court of Louisiana · 1923
  4. Lindsey v. LindseySupreme Court of Alabama · 1934
  5. Carter v. Ætna Casualty & Surety Co.Supreme Court of Louisiana · 1927

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