In re Louisiana Driving & Racing Club

Citations

• 120 La. 268
• 45 So. 127
• 1907 La. LEXIS 640

Syllabus

<p>1. Appeai^-Dishissal — Time of Taking.</p> <p>The rules contained in section 4 of Act No. 159, p. 314, of 1898, touching appeals to be taken from judgments appointing or refusing to appoint a receiver to a corporation, refer to appeals taken by the parties to the litigation, as well as to appeals taken by third parties. The appeal taken by the appellants herein was not perfected within the time required for the perfecting of the same under the statute of 1898, and it is therefore dismissed.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. yol. 2, Appeal and Error, §| 1926, 1927.]</p> <p>2. Same.</p> <p>On a rale taken in the district court by the appellee against the appellant to have the appeal dismissed, the' rule was discharged, and the appeal was maintained; no appeal was taken from that judgment, but the transcript was brought up and filed in the Supreme Court. Appellants contend that, until that judgment is appealed from and reversed, the Supreme Court cannot act on appellees’ motion to dismiss filed in this court. That contention is without force.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 3, Appeal and Error, § 3162.]</p> <p>3. Same — Teanscript—Defects.</p> <p>If the transcript, properly certified to the district court as containing everything on which the trial court acted, contains in it that which properly should not be in it that fact should not cause the rejection of the appeal, but the documents objected to should be expunged therefrom through appropriate proceedings. Church v. Riedy, 104 La. 315, 29 South. 149; Succession of Fortier, 51 La. Ann. 1563, 26 South. 554.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 3, Appeal and Error, § 2691.]</p> <p>(Syllabus by the Court.)</p>