Audubon Hotel Co. v. Braunig

Citations

• 119 La. 1070
• 44 So. 891
• 1907 La. LEXIS 595

Syllabus

<p>1. Landlord an!> Tenant — Ejectment of Tenant — Suspensive Appeal — Rights oe Tenant.</p> <p>As a lessee, condemned in an action of ejectment to vacate the leased premises, has no right to a suspensive appeal, unless he has set up a special defense and has supported the same by his oath, the trial judge has no authority to grant such appeal unless that condition has been complied with, and hence does not devest himself of jurisdiction to enforce the execution of his judgment by improvidently making an order to that effect.</p> <p>2. Same — Time oe Taking Appeal.</p> <p>Construing Act No. 52, p. 84, of 1900, with section 2157, Rev. St., it is manifest that the right to appeal suspensively from a judgment ordering a tenant to vacate leased premises must be exercised within 24 hours after the “rendition” of the judgment. The lawmaker deals in this instance with hours, .and not with days or parts of days, and allows no delay for the signing of the judgment; and unless it appears that the 24 hours succeeding the rendition thereof include time during which the defendant could not appeal, the appeal must be taken and perfected by giving the required bond within the delay mentioned.</p> <p>3. Same — Bond.</p> <p>The question of the bond to be given for a suspensive appeal from a judgment ordering the vacation of leased premises is regulated by section 2157, Rev. St., and the requirements of that law are not complied with by furnishing an ordinary appeal bond.</p> <p>4. Appeal — Failure to File Bond.</p> <p>An order purporting to grant an appeal, on the applicant’s furnishing bond as required by law, does not devest the trial court of jurisdiction, where no such bond is furnished.</p> <p>(Syllabus by the Court.)</p>