Craig v. Wegmann

Citations

• 123 La. 17
• 48 So. 569
• 1909 La. LEXIS 668

Syllabus

<p>Appeal and Error (§ 773*) — Dismissal — Abandonment of Appeal.</p> <p>In proceedings under the judgment of the district court in this matter appellant became the adjudicatee of certain property at public auction by the sheriff. He failed- to comply with his bid, though ordered so to do on a rule taken against him for. that purpose. Thereafter the sheriff was ordered to sell the property á. la folie enchére, at appellant’s risk. He appealed suspensively to the Supreme Court from that order, and executed an appeal bond. The transcript of appeal was filed in court in due time, and the appeal was fixed for hearing in this court. On that day the appellee moved to have the appeal struck from the record, or that he might be granted such relief as the. court might hold he was entitled to under the circumstances, on the ground that the appeal had been dismissed in the district court for the reason of the failure of the surety on the bond of appeal to qualify as being solvent, and appellant acquiesced in the dismissal. Appellant had made no appearance and filed no brief in the matter of the appeal. The appeal is considered by the court as abandoned.</p> <p>[Ed. Note. — For other cases, see Appeal and Error, Cent. Dig. §§ 3104, 3108-3110; Dec. Dig. § 773.*]</p> <p>(Syllabus by the Court.)</p>