Rojas & Conner v. Seeger

Citations

• 122 La. 218
• 47 So. 532
• 1908 La. LEXIS 434

Syllabus

<p>1. Appeal and Error (§ 595*) — Filing Transcript-Filing by One Appellant Inuring to Benefit oe Other.</p> <p>Where the transcript of appeal is filed in the Supreme Court, the clerk cannot be required to issue a certificate to the appellees that the record has not been brought up by one of the appellants. As a general rule, the filing of the transcript by one of two appellants inures to the benefit of the other, and where the record is brought up the remedy of the appellees is by motion to dismiss.</p> <p>- [Ed. Note. — For other cases, see Appeal and Error, Cent. Dig. § 2623; Dee. Dig. § 595.*]</p> <p>On Motion to Dismiss Appeal.</p> <p>2. Appeal and Error (§ 611*) — Dismissal-Abandonment.</p> <p>Where two defendants, having diverse interests, are condemned by the same judgment and granted appeals, returnable at the same time, and one of them obtains an extension of time for making his return, and files a transcript for his own account within the delay allowed, but the other asks for no extension and files no transcript, the appeal of the latter will be dismissed as abandoned.</p> <p>[E'd. Note. — For other cases, see Appeal and Error, Cent. Dig. § 2691; Dec. Dig. § 611.*]</p> <p>On the Merits.</p> <p>3. Landlord and Tenant (§ 42*) — Leases and Agreements — Construction and Operation.</p> <p>Where one becomes the lessee by written instrument of the “lower floor,” or part of the “lower floor,” of a building, he commits himself to a recognition of the fact that there are as many upper floors as in truth exist; and where he knows that they are, or are intended to be, occupied by other tenants an'd is silent upon the subject, he further recognizes and consents that his lease does not include the privileges or appurtenances necessarily or properly included in or pertainingi to the lease of the floors above him, and the'nature and extent of such privileges and appurtenances become a proper subject of inquiry dehors the instrument relied on by him.</p> <p>[Ed. Note. — F