5 So. 2d 144 | La. | 1941
The appellee has moved to dismiss this appeal on the ground that the appeal bond was not filed within the year after the judgment was signed. The appeal was asked for and granted before the year had expired, but the bond which was required by the order granting the appeal was not filed until several days after the year had expired. We are obliged therefore to dismiss the appeal. The time limit of one year, allowed by article 593 of the Code of Practice, for the taking of a devolutive appeal, is the limit of time in which the taking of the appeal must be completed by the filing of the appeal bond, in cases where a bond is required by law and by the order granting the appeal, as in this case. Marigny v. Stanley,
It was decided in Untereiner v. Miller, 29 La.Ann. 435, and affirmed in Lafayette v. Farr,
The appeal is dismissed at appellant's cost.