Schmidt v. Benit

Supreme Court of Louisiana
Schmidt v. Benit, 17 La. Ann. 74 (La. 1865)
Ilsley, Jjp, Svjmi

Schmidt v. Benit

Opinion of the Court

Ilsley, J.

The appellee moves to dismiss the appeal in this case on. several grounds : one of which is that he has not been cited to answer the appeal.

In the petition for an order of appeal there is no prayer to cite the ap-pellee, nor was he cited ; and this is good ground for dismissal. Bolling v. Anderson, 10 A. 650. Walker v. Martolo, 13 La. 50. Pratt v. Enom, 5 A. 115.

It is therefore ordered, adjudged and decreed, that the appeal in this pase be dismissed, at the costs of appellant.

JJp'SVjmi'; J., recused.

Reference

Full Case Name
Charles E. Schmidt v. Jules Benit
Status
Published