Orleans & J. Ry. Co. v. International Const. Co.

Citations

• 113 La. 409
• 37 So. 10
• 1903 La. LEXIS 586

Syllabus

<p>ARREAL — TIME OR TAKING — SURETY—RELEASE.</p> <p>1. Delay for appeal dates from signature, not from rendition of judgment.</p> <p>2. The appellant is not responsible for an error in the return day, though his counsel wrote the order; especially where the prayer was that the appeal be made returnable according to law.</p> <p>■On the Merits.</p> <p>3. The surety is released by any change in the principal contract without his consent; also | by failure to give him notice of the commencement of work, when such notice is stipulated to be given. '</p> <p>(Syllabus by the Court.)</p>