Hake v. Lee

Citations

• 104 La. 146

Syllabus

<p>Syllabus.</p> <p>On Motion to Dismiss.</p> <p>Although on other grounds and tor special reasons sustained by the record, the court did not dismiss the appeal, none the less it held that a motion to dismiss the appeal is still in time, though filed more than three days after the return day of the appeal. It appeared, however, that while the three days had elapsed within which to return the appeal, the Supreme Court had, upon sufficient showing and for cause, extended the return day (prior to the lapsing of the time) to a date within which the transcript was • filed.</p> <p>On the Merits.</p> <p>Plaintiff was entitled to an injunction on the ground that he had taken a suspensive appeal from the judgment dissolving the injunction with the view of compelling the defendants to let the matters in the litigation remain in statu quo until the decision of the issues on appeal.</p> <p>The injunction is given full force and effect until the decision on appeal.</p>