Legal Opinion
McCormick v. Alfred S. Amer Co.
Supreme Court of Louisiana
Decided October 16, 1911No. 19,001PublishedCited by 3 opinions
Appeal from Civil District Court, Parish of Orleans; J. Porter Parker, Judge. Action by Johanna McCormick and others against the Alfred S. Amer Company, Limited. Judgment for plaintiffs, and defendant appeals.
1Opinion of the Court
On Motion to Dismiss.
BREAUX, C. J.
Plaintiffs urge as ground for dismissing the appeal that the motion of appellant for an appeal was made by and on behalf of the counsel of defendant in their own behalf, and not by defendant.
[1] The motion for the appeal reads as follows:
“James Legendre, Edward Rightor, DenegreBlair and Leovy, counsel for defendant, aver that the judgment rendered is contrary to the law and the evidence, and that the ‘mover’ desires to appeal.”
Evidently, the word “mover,” used in the motion for an appeal, refers to one person and not to several.
That one person could only be…
2Cases cited3 opinions
- Alba v. Provident Savings Life Assur. SocietySupreme Court of Louisiana · 1907
- Ansley v. StuartSupreme Court of Louisiana · 1908
- Voelkel v. Succession of AurichSupreme Court of Louisiana · 1907
3Cited by3 opinions
- Gault v. Pineland Naval Stores Co.Supreme Court of Louisiana · 1919
- Savant v. Goetz & LawrenceLouisiana Court of Appeal · 1925
- Templeman v. Templeman Bros.Louisiana Court of Appeal · 1934