State ex rel. Connelly v. Scruto
Supreme Court of Louisiana
State ex rel. Connelly v. Scruto, 128 La. 960 (La. 1911)
55 So. 590; 1911 La. LEXIS 668
Herein, Provosty, Sommerville, Takes
State ex rel. Connelly v. Scruto
Opinion of the Court
Appellee has moved to dismiss the appeal in this case, on the ground that no return day was fixed in the order granting the appeal, and that appellant suffered more than 60 days to elapse before filing the transcript in this court.
Act 92, p. 150, of 1900, provides that:
“The judge shall fix the return day in the order granting the appeal, which shall not be less than fifteen days nor more than sixty days from the date of the order.”
No return day having been fixed by the judge, as required by said act, the order for appeal was ineffective. Salles v. Jacquet, 106 La. 643, 31 South. 153.
Appeal dismissed.
Reference
- Full Case Name
- STATE ex rel. CONNELLY, Sheriff v. SCRUTO
- Cited By
- 1 case
- Status
- Published
- Syllabus
- (Syllabus by Editorial Staff.) Appeal and Error (§ 365*) — Return Day-Failure of Judge to Fix. Under Act No. 92 of 1900, providing that the judge shall fix the return day in the order granting the appeal, where no return day was fixed, the order for appeal was ineffective. [Ed. Note. — For other cases, see Appeal and Error, Dec. Dig. § 365.*]