Glain v. Sparandeo

Citations

• 119 La. 339
• 44 So. 120
• 1906 La. LEXIS 825

Syllabus

<p>1.Appeal — Procedure—Citation.</p> <p>Where an appeal is taken during the term of court at which the judgment is signed and the day after the signing, it may be taken by motion, and citation is unnecessary.</p> <p>[Ed. Note. — Eor cases in point, see Cent. Dig. vol. 2, Appeal and Error, § 2099.]</p> <p>On the Merits.</p> <p>2. Landlord and Tenant — Repairs—Duties op Landlord.</p> <p>A lessor is as much bound to keep the necessary approaches to the apartments which he lets in a safe condition, for ordinary use, as the apartments themselves.</p> <p>[Ed. Note. — Eor cases in point, see Cent. Dig. vol. 32, Landlord and Tenant, § 629.]</p> <p>3. Costs — Security eor Costs — Rule to File.</p> <p>Section 4 of Act No. 136, p. 190, of 1880, entitling defendant to demand “bond or other security” for costs, is not confined in its application to one bond to be given at the inception of the litigation, but may be invoked, from time to time, as occasion may require. When, however, the ex parte order to furnish a second bond is not served on plaintiff, or at his domicile, but on his attorney, whose authority in the premises is not shown, and the bond is filed before the day fixed for the hearing of a rule taken for the dismissal of the suit, such rule is properly discharged.</p> <p>4. Landlord and Tenant — Injury to Tenant-Contributory Negligence.</p> <p>Lowering furniture over the railing of a gallery is not the ordinary use for which the lessor is presumed to warrant the safety of such railing; and those who resort to such means, when other and safer ways are open to them, do so at their own risk, and not at the risk of the lessor.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 32, Landlord and Tenant, § 642.]</p> <p>(Syllabus by the Court.)</p>