Legal Opinion
Burgess v. Hogan
Louisiana Court of Appeal
Decided May 21, 1965No. 10383PublishedCited by 4 opinions
1Opinion of the Court
HARDY, Judge.
This is an action of eviction by summary proceeding on rule against defendants, who have suspensively appealed from judgment in favor of plaintiff making the rule absolute ordering defendants to vacate the premises described and to deliver possession thereof to plaintiff. Before this court plaintiff has filed a motion to dismiss the appeal.
*925ON MOTION TO DISMISS THE APPEAL
The motion to dismiss is predicated upon the contention that C.C.P. Article 4735 does not permit an appeal which suspends execution of a judgment of eviction in the absence of the assertion of an affirmative…
2Cases cited4 opinions
- Freeman v. Bee MacHine Co., IncSupreme Court of the United States · 1943
- Ideal Savings & Homestead Ass'n v. GouldSupreme Court of Louisiana · 1927
- Magnolia Petroleum Co. v. CarterLouisiana Court of Appeal · 1941
- Hooper v. HarperLouisiana Court of Appeal · 1949
3Cited by4 opinions
- Union Oil Co. v. ChandlerCalifornia Court of Appeal · 1970
- FIRST NAT. BK. OF MAYWOOD v. JonesIllinois Supreme Court · 1971
- Williams v. ReynoldsLouisiana Court of Appeal · 1984
- Mantia v. Jazz City, Inc.Louisiana Court of Appeal · 1978