New Iberia Telephone Exchange v. Cumberland Telegraph & Telephone Co.

On Motion to Dismiss ti-ie Appeai.

The opinion of the court was delivered by

Breaux, J.

Defendant filed a motion to dismiss the appeal on the •ground that the order of appeal was defective, for the reason that it did not designate to which court it was taken and the return day of the appeal; and on the further ground that the Supreme Court is ■ without jurisdiction ratione maieriae.

The record shows that on account of plaintiff’s counsel the appeal was made returnable “to the proper court, according to law.”

Two days after the appeal had been granted, plaintiff filed a bond ■ of appeal, reciting…