From Casetext: Smarter Legal Research

W. T. Burton Co. v. Stevens Company

Supreme Court of Louisiana
Mar 20, 1950
216 La. 1090 (La. 1950)

Opinion

No. 39746.

March 20, 1950.

APPEAL FROM FOURTEENTH JUDICIAL DISTRICT COURT, PARISH OF CAMERON, STATE OF LOUISIANA, HONORABLE MARK C. PICKREL, J.

Patin Patin, Lake Charles, for appellant-defendant.

Thompson, Lawes, Cavanaugh Hickman, Lake Charles, for plaintiff-appellee.


The judgment in this case was read and signed on November 15, 1949 and, on the same day, defendant was granted an appeal returnable to this court on January 2, 1950. The appeal was perfected by the giving of bond but the transcript was not filed until January 11, 1950. Appellee now moves to dismiss the appeal on that ground.

The motion is well taken. It is established that where the appellant perfects the appeal and fails to file the transcript on or before the return day, or within the three day grace period following the return day (unless extended by order of the appellate court), he is conclusively presumed to have abandoned the appeal. Articles 587, 588, 589, 590, 883 and 884, Code of Practice; Whitney Central Trust Savings Bank v. Greenwood Planting Mfg. Co. Ltd., 146 La. 572, 83 So. 834, Dupierris v. Sparicia, 164 La. 290, 113 So. 851; Aaron v. Mizer, 196 La. 481, 199 So. 398 and McDermott v. Kilpatrick, 198 La. 1053, 5 So.2d 332.

The appeal is dismissed.


Summaries of

W. T. Burton Co. v. Stevens Company

Supreme Court of Louisiana
Mar 20, 1950
216 La. 1090 (La. 1950)
Case details for

W. T. Burton Co. v. Stevens Company

Case Details

Full title:W. T. BURTON CO., INC. v. STEVENS COMPANY, INC

Court:Supreme Court of Louisiana

Date published: Mar 20, 1950

Citations

216 La. 1090 (La. 1950)
45 So. 2d 634

Citing Cases

White v. White

However, an examination of this case, and the cases cited therein, shows that the actual basis for a…

Townsend v. Graham

This conclusive presumption could be avoided only by timely application to the appellate court for an…