Board of Com'rs v. Howard Land & Timber Co.

Citations

• 132 La. 911
• 61 So. 868
• 1913 La. LEXIS 1959

Syllabus

<p>(Syllabus by the CourtJ</p> <p>1. Appeal and Error (§ 374*) — Levee Boards — Appeal Bonds.</p> <p>The levee boards of this state are state boards, and they are dispensed from giving appeal bonds. Act No. 173 of 1902.</p> <p>[Ed. Note. — For other cases, see Appeal and Error, Cent. Dig. §§ 2005-2010; Dec. Dig. § 374.*]</p> <p>2. Appeal and Error (§ 395*) — Appeal by State Board — I-Iow Perfected.</p> <p>The order granting an appeal to a state board, and the fixing of the return day to this court perfect the appeal, without the giving of a bond, even though the order granting the appeal directs that a bond be furnished. Luchini v. Police Jury, 126 La. 975, 53 South. 68, 21 Ann. Cas. 59.</p> <p>[Ed. Note. — For other cases, see Appeal and Error, Cent. Dig. §§ 2058, 2064-2070, 2085, 2086, 3127; Dec. Dig. § 395.*]</p> <p>3. Appeal and Error (§§ 14, 436, 805*)— Abandonment of Appeal — What Constitutes.</p> <p>Where an order for a devolutive appeal fixes the return day in cases where state, parish, and municipal boards or commissions exercising public power or administering public functions are appellants, and such boards fail to file the transcript in the Supreme Court within the time fixed, their failure to do so will constitute an abandonment of the appeals, and thereafter no other appeals will be allowed. The trial court has no jurisdiction in the case after it has granted an order of appeal. C. P. arts. 575, 587; Cox v. Hope Shingle & Lumber Co., 130 La. 231, 57 South. 899; Girod v. Monroe Brick Co., 127 La. 328, 53 South. 582; State ex rel. Rogers v. Parsons, 119 La. 955, 44 South. 795; State ex rel. Jennings-Heywood Oil Syndicate v. Judge, 113 La. 572, 37 South. 481.</p> <p>[Ed. Note. — For other cases, see Appeal and Error, Cent. Dig. §§ 48-57, 2191, 2192, 3174, 3175; Dee. Dig. §§ 14, 436, 805.*]</p> <p>4. Appeal and Error (§ 395*) — Appeal Without Bond — Waiver of Right.</p> <p>When a 'board dispensed from giving bond furnishes a defective bond, it does not the