Hymel v. Illinois Cent. R.
Citations
- 116 La. 42
- 40 So. 525
- 1906 La. LEXIS 463
Syllabus
<p>1. Appeal—Abandonment—Second Appeal.</p> <p>Plaintiff, after having perfected.a suspensive appeal, granted him on motion in open court by executing the bond of appeal as fixed by the judge, abandoned the appeal by failing to file the transcript as required by law. He subsequently (months afterwards) obtained, on motion in open court, a devolutive appeal. The transcript of appeal, under the second order, was filed in time in the appellate court. Appellant resists the motion to dismiss the appeal on the ground that it was made too late.</p> <p>2. Same—Citation.</p> <p>The motion is well grounded. The appeal, having been abandoned, cannot be renewed. If, after obtaining an order of appeal on motion in open court, an appellant obtains a second order of appeal on motion, the appellee must be cited under the second order.</p> <p>(Syllabus by the Court.)</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding the system was not an ATDS when it could only call the specific stored telephone numbers and could not independently generate any other telephone numbers
Source: CourtListener parenthetical corpus (CC0).
Judges: Nicholls
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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