Mallouf v. Fontenot

Plaintiff and appellee has moved to dismiss the appeal herein, which is a devolutive one, on the following grounds, to wit:

“(1) That your petitioner is informed and believes that the said transcript was not filed on the return date or in time.

“(2) That the bond was not filed within the period required by law.”

The defendant and appellant, K. Moosa, opposes the dismissal of the appeal, contending that the averments, setting forth the grounds for dismissal are too vague and general to support a motion to dismiss, that appellee does not aver that the transcript was not ■filed on the return day,…