Boudreaux v. Boudreaux
Supreme Court of Louisiana
Boudreaux v. Boudreaux, 122 La. 433 (La. 1908)
47 So. 758; 1908 La. LEXIS 478
Proyosty
Boudreaux v. Boudreaux
Opinion of the Court
On- Motion to Dismiss.
The transcript having been filed more than three days after the return day, and there being a motion to dismiss, the appeal must, be dismissed. Code Prac. art. 594; Laussade v. Maury, 31 La. Ann. 858.
The motion to dismiss was filed more than three days after the filing of the transcript; but a motion to dismiss, based on the tardy filing of the transcript, need not be filed within the three days following the filing of the transcript. Hudson v. Garrett, Sheriff, 47 La. Ann. 1534, 18 South. 510.
Appeal dismissed.
Reference
- Full Case Name
- BOUDREAUX v. BOUDREAUX
- Cited By
- 6 cases
- Status
- Published
- Syllabus
- 1. Appeal and Ebbor (§ 627*) — Dismissal-Failure to Pile Transcript. Where a transcript was filed more than three days after the return day, it must, uMder Gode Prac. art. 594, be dismissed on motion. [Ed. Note. — Por other cases, see Appeal and Error, Cent. Dig § 2746; Dec. Dig. § 627.*] 2. Appeal and Ebbor (§ 797*) — Dismissal-Motion. A motion to dismiss, based on a tardy filing of the transcript, need not be filed within three days following such filing. [Ed. Note. — Por other cases, see Appeal and Error, Cent. Dig. § 3153; Dec. Dig. § 797.*]