Durel v. Murphy

Citations

• 124 La. 157
• 49 So. 1013
• 1909 La. LEXIS 447

Syllabus

<p>1.Order oe Appeal Granted.</p> <p>An order was granted — whether suspensive or devolutive was not stated in the order of appeal.</p> <p>2. Amount oe Bond Fixed.</p> <p>The courts of first instance fixed the amount of the bond.</p> <p>3. Amount Fixed Without Regard to Kind oe Appeal.</p> <p>The amount was fixed without special regard to either appeal, whether suspensive or devolutive; the bond was furnished for an appeal.</p> <p>4. No Objection Made.</p> <p>The plaintiff and appellant raised no objection.</p> <p>5. Appeal and Error (§ 395*) — Dismissal-Grounds — Insueeiciency oe Bond.</p> <p>On appellee’s motion in the district court, the bond was declared insufficient and the appeal dismissed, without reserving to plaintiff and appellant the right within specified time to furnish another bond.</p> <p>6. Another Bond Given.</p> <p>The appellant furnished another surety without obtaining another order of appeal, and without the least notice to the court by whom the appeal had been dismissed.</p> <p>7. Order oe Appeal Essential.</p> <p>The second bond, having been given without an order of appeal, is not a legal bond.</p> <p>(Syllabus by the Court.)</p>