Vallee v. Hunsberry

Citations

• 108 La. 136

Syllabus

<p>Syllabus.</p> <p>On the Motion to Dismiss the Appeal.</p> <p>1. A motion to dismiss an appeal because of informality in, or absence of, an order of appeal must be filed within three days after the filing of the transcript In this court.</p> <p>2. When the district court grants an appeal to the circuit court, on condition that a bond be filed for an amount fixed, it may vacate such an order, before the filing of the bond and grant an appeal to this court If the same is applied for in time.</p> <p>3. The granting of an appeal to a court which is without jurisdiction to hear the same does not divest the trial court of jurisdiction to grant an appeal to another tribunal to which such appeal properly lies.</p> <p>3. Where an appeal Is taken by motion in open court, at the same term at which the judgment is rendered, no citation of appeal is required.</p> <p>5. Where a motion to dismiss an appeal Is predicated upon several grounds, the last stated of which refers to want of citation, the latter will be considered waived.</p> <p>On the Mebits.</p> <p>Where a party has removed from one parish to another, without making a formal declaration of intention, as provided by C. C. 42, he may be sued, within the year, at the option of the party claiming, in either parish. And the fact that his domicile, in the parish ad quem, is with his employer does not affect the question.</p>