Key v. McCall

Citations

• 122 La. 978
• 48 So. 426
• 1909 La. LEXIS 629

Syllabus

<p>Appeal and Erroe (§ 797*) — Dismissal oe Appeal — Motion—Time.</p> <p>The rule that a motion to dismiss an appeal comes too late if filed more than three days after the filing of the transcript, or if filed after appellee has caused the appeal to be set for trial, does not apply where appellant’s acquiescence in the decree on which the motion to dismiss the appeal is based does not take place until long after the expiration of the three days, and after the assignment of the cause for trial.</p> <p>(Ed. Note. — For other cases, see Appeal and Error, Cent. Dig. §§ 3149-3154; Dec. Dig. § 797.*]</p>