Supreme Court of Louisiana, 1867

Michael v. Babin

Michael v. Babin
Supreme Court of Louisiana · Decided April 15, 1867 · Hyman
70 La. Ann. 197

Michael v. Babin

Opinion of the Court

Hyman, C. J.

The plaintiff has filed a motion to dismiss the appeal on the ground that the appeal bond is defective, it not being made in favor of any one.

The order of appeal was granted, on motion, in open Court.

In 12 Robinson’s Reports, page 205, it was decided that there is no other way, when an appeal has been granted on motion in open Court, to compel appellees to take notice of an appeal, and to appear before us, than by including their names in the appeal bond.

The appeal bond should have boon given in favor of the appellee.

Let the motion bo. sustained, and let the appeal he dismissed.

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