Salles v. Jacquet

Citations

• 106 La. 643

Syllabus

<p>Syllabus</p> <p>1. Where an attempt is made to take an appeal by motion In open court, but the order granted is not effective by reason of failure to specify the return day, and an order is subsequently made, upon the petition of the appellants, correcting the minute entry previously made so as to supply the omlssiOD, the appellee is entitled to be dealt with as though the appeal had been taken originally by petition ; and, where there is no prayer for citation and no citation is issued the appeal will be dismissed.</p> <p>2. In such case, the original order having allowed an appeal, suspensive or devolutive, in the alternative, upon a bond for the amount fixed, and the bond having been furnished, it will be presumed that the appeal, as taken, was intended to be suspensive, and, upon its dismissal, the appellant may be allowed a devolutive appeal if applied for wit’liin the legal delay.</p> <p>3. Where the law makes it the duty of the trial judge to fix the return day, an error in that respect is imputable to him, even though the motion and order of appeal are prepared by the counsel for appellant.</p>