John M. Parker & Co. v. Succession of Griffin

Citations

• 117 La. 977
• 42 So. 473
• 1906 La. LEXIS 806

Syllabus

<p>1. Coubts — Supreme Court — Jurisdiction. '</p> <p>The appellee moved in this court to have his appeal to this court transferred to the ■Court of Appeal for want of jurisdiction. The appellant having selected this tribunal to take his appeal, if transferred, it would have to be done ex proprio motu. This court has jurisdiction. The motion is overruled.</p> <p>TEd. Note. — For cases in point, see Cent. Dig. vol. 13, Courts, § 617.]</p> <p>2. Appear — Bond—Sueficienct.</p> <p>Relative to motion of appellee to dismiss ■on the ground that the appeal bond is irregular, and does not contain the proper conditions.</p> <p>It contains sufficient recitals for all purposes of an appeal bond.</p> <p>3. Same — Record—Yeritt.</p> <p>The second motion of appellee to dismiss is upon the ground that the transcript was not filed in time.</p> <p>It is not shown by sufficient evidence that the order of appeal was not properly dated as ■set forth in the transcript. The date of the order of appeal (fourth Monday of February, 1906) cannot be changed by ex parte statements.</p> <p>4. Same — Clerk’s Certificate.</p> <p>Though not given strictly according to law, it is not shown wherein the appellee is prejudiced by it. Appellee has not moved to ■dismiss the appeal on this ground.</p> <p>(Syllabus by the Court.)</p>