Babbington v. Fitzpatrick & Co.

Citations

• 9 Teiss. 62
• 1911 La. App. LEXIS 139

Syllabus

<p>■ i. A motion to dismiss an appeal, based not on the ground of irregularity and informality in the taking or bringing up of it, but on the want of a legal right to appeal, need not be filed within three days after the appeal has been lodged in the appellate Court.</p> <p>2. Act 45 of 1910 has taken the pldce of .Art. 1131, C. P., as amended by Act. 129 of 1888 and, under its terms, there is no obligation imposed to give the party cast notice of refusal of a motion for a new trial.</p>