Nos. 21527, 22158, 22238 | La. | Oct 30, 1916
Notice was thus served upon the appellant Jeff D. Neely, by means of a rule to test the sufficiency of the surety on his appeal bond, of which he accepted service on June 22, 1915; and the second bond which he gave, in an attempt to take advantage of the provisions of said act, was filed in September, 1915 — evidently too late. His motion that said bond be allowed to stand in place of or supplement the bond given by him in his appeal must therefore be denied. Instead of filing this bond within the delay thus positively fixed, he took a rule upon the defendant to show chuse why he should not be allowed to file it. But this rule was filed only in September, so that the two days’ delay allowed for filing the bond had long expired when this rule was filed; not that we would intimate that the pendency of the rule could have suspended the course of the two days’ delay allowed for filing the bond.
The first above numbered suit is the appeal in the main suit. The second is- an appeal taken by the Texas & Pacific Railway Company from the judgment on the rule to
These matters' have been consolidated with the main appeal. The matter therefore now to be considered is as to whether this main appeal should not be dismissed because of insufficiency of the surety.
The motion to have the second bond supplement the first is denied, the judgment allowing this second bond to be filed is annulled, the judgment denying the rule to show cause why the surety on the appeal bond should not be held to be insufficient and the appeal dismissed is set aside, and the appeal in this case is dismissed, all at the cost of the plaintiff, Jeff D. Neely.