117 So. 2d 101 | La. Ct. App. | 1959
Rehearing
On Rehearing
Plaintiff and defendant have both filed applications requesting rehearings.
In the application for rehearing counsel for defendant directs attention to an erroneous statement made in our opinion in which we said that in each of these cases more than ten days had elapsed between the service of citation on the defendant and the filing of answer by the defendant and that for this reason, as well as for other reasons given, no suspensive appeal should be granted.
It is true that in the other seven cases more than ten days had elapsed, but in this one case the answer was filed on the 10th day after service of citation. However, our refusal to order the granting of a suspen-sive appeal did not depend on this reason, but was based on other reasons which were applicable in this as well as in the other cases.
Both applications are refused.
Rehearings refused.
Lead Opinion
For the reasons assigned in our opinion in expropriation suit entitled Louisiana Power & Light Company v. De Bouchel, La.App., 117 So.2d 94, it is ordered, adjudged and decreed that the motion to dismiss the appeal in this suit insofar as it suspends the execution of the judgment is maintained.
Motion maintained.