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Sampite v. Deslouche

Sampite v. Deslouche, 65 So. 479 (La. 1914)
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Court
Supreme Court of Louisiana · State Highest Courts
Decided
May 25, 1914
Docket
No. 20399
Judges
Land
Citations
65 So. 479135 La. 3301914 La. LEXIS 1772
Disposition
Appeal dismissed.
Syllabus
(Syllabus by the Court.) Appeal and Error (§ 627*) — Dismissal—Delay in Filing Transcript. Where the delay for filing the transcript in the Supreme Court was extended to a day certain, and the transcript was not filed until the next day, the appeal will be dismissed. [Ed. Note. — For other cases, see Appeal and Error, Cent. Dig. §§ 2744-2749, 3126; Dec. Dig. § 627.*]
Summary
Appeal from Eleventh Judicial District Court, Parish of Natchitoches; W. T. Cunningham, Judge. Action by Dr. J. A. Sampite and others against Mrs. Maria Deslouche and others. From judgment for defendants, plaintiffs appeal.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Land

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LAND, J.

Defendants and appellees have moved to dismiss the appeal herein on the following grounds:

That the appeal was made returnable on January 19, 1914, and the appellants, on January 19, 1914, obtained an order for an extension of ten days, that is, until January SO, 1914, and that the transcript was not filed *332 until January 31, 1914. The order reads as follows:

“It is ordered by the court that the return day for filing said transcript in this court be extended to the 30th day of January, 1914.”

The transcript was filed in this court on January 31, 1914.

There can be no question that the additional time granted for the filing of the transcript expired on January 30, 1914.

And it is a well-settled rule of practice in civil cases that where the delay for the return of an appeal has been extended, and the transcript has not been filed in the Supreme Court on or before the return day, the appeal will be dismissed. Richardson v. Cobb, 130 La. 203 , 57 South. 889 .

Appeal dismissed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1924: 11926: 219242026peak 1926 · 2

Relies on it most ⓘ

  1. O'Reilly Eng. Co. v. Buckner5 La. App. 661 (1926)
  2. Brown v. Hart4 La. App. 502 (1926)
  3. Bourgh v. Hester1 La. App. 152 (1924)

Most recent

  1. O'Reilly Eng. Co. v. Buckner5 La. App. 661 (1926)
  2. Brown v. Hart4 La. App. 502 (1926)
  3. Bourgh v. Hester1 La. App. 152 (1924)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Richardson v. Cobb, 57 So. 889 (La. 1912) 2

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