Bell ex rel. McMicken v. Mix
Supreme Court of Louisiana
Aeheax from the court of probates for the parish of West Feliciana. 'This ¡action was instituted against James H. Mix, as administrator of the isuceessioa ¡©f James Williams. There was judgment against the plaintiff, and an appeal ¡granted the 23d April, 1839. At January term, 1840, on the suggestion of the plaintiff’s attorney, the cause was continued to make the necessary parties in the place of James H. Mix, who died since the appeal was taken.
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Aeheax from the court of probates for the parish of West Feliciana. 'This ¡action was instituted against James H. Mix, as administrator of the isuceessioa ¡©f James Williams. There was judgment against the plaintiff, and an appeal ¡granted the 23d April, 1839. At January term, 1840, on the suggestion of the plaintiff’s attorney, the cause was continued to make the necessary parties in the place of James H. Mix, who died since the appeal was taken. Now at the February term, 1841, the defendant’s counsel moved to dismiss the appeal, on the ground that no party appellees had been made, although…
1Opinion of the CourtMobpht, J.
At the January term of this court, 1840, leave was given to the appellant to make necessary parties on a suggestion then made of the death of James H. Mix, and the cause was continued. Since then, no steps have been taken by the appellant to place his appeal in a situation to be tried in this court. A motion to dismiss is now pressed upon us: we think it must prevail, as the party has suffered more than twelve months to elapse without using any diligence whatever to prosecute this appeal.
Let it therefore be dismissed with costs.
2Cited by1 opinion
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