State Ex Rel. Marcade v. City of New Orleans

A reading of Article 883 of the Code of Practice and Act No. 234 of 1932 demonstrates the fact that our legislature was liberalizing the constitutional right of appeal. The construction placed on these legislative enactments by the majority opinion of the Court restricts the constitutional right of appeal, for the majority opinion holds that the three-day period of grace means ordinary and not judicial days.

Article 883 of the Code of Practice reads:.“If the appellant has not filed in the Supreme Court, on the day appointed by the inferior judge, the record from the court below, and was…