Dardenne v. Schwing

Citations

• 111 La. 318
• 35 So. 583
• 1903 La. LEXIS 535

Syllabus

<p>APPEAL—MOTION TO DISMISS.</p> <p>1. An appeal will not be dismissed on the ground that it was taken merely for delay unless it appear plainly from the record that the only object the appellant had in appealing was to subject the appellee to injurious delay.</p> <p>2. To determine that the appeal is frivolous and dismiss it on that ground would involve consideration of the merits of the controversy —which are not before the court on the motion to dismiss.</p> <p>(Syllabus by the Court.)</p>