Supreme Court of Louisiana, 1865

Schmidt v. Benit

Schmidt v. Benit
Supreme Court of Louisiana · Decided May 15, 1865 · Ilsley, Jjp, Svjmi
17 La. Ann. 74

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.

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