Opinion

Scheen v. Hain

141 La. 606 · Supreme Court of Louisiana · Nov 2, 1915

Full text

SCHEEN v. HAIN

Opinions in this case

Majority — Sommerville
On the merits — Niell

On Motion to Dismiss Appeal. SOMMERVILLE, J. [1] The motion to dismiss is on the ground that no motion or petition was filed by plaintiff, asking for an appeal. The record was filed September 4, 1915, and the motion to dismiss was filed September 30, 1915. The motion comes too late. C. P. art. 886; Walker v. Sauvinet, 27 La. Ann. 314; Webb v. Keller, 39 La. Ann. 55, 1 South. 423. The motion to dismiss is denied.