25 La. Ann. 564 | La. | 1873
The plaintiff sues the sheriff and the plaintiffs in two writs of execution, issued in their suits against Mrs. S. A. Bell, sepa
On the day on which the case was fixed for trial, Mrs. Bell, with the leave of court, filed an intervention, claiming to be the owner of the cotton in controversy, denying that plaintiff leased her plantation, as alleged, averring that the lease set up was unauthorized by her, and that the seizure of the cotton was not authorized by the writs in the bands of the sheriff, and praying that the plaintiffs and defendants be •cited, and that she be decreed the owner of the said cotton, and obtain ■delivery thereof or its value. She then moved a continuance for service of citations and forming issues between the parties, stating that the opposite parties refused to accept service and put the intervention at issue, and that if they would do so, she was ready to proveed with the trial; but the court refused, on the ground that the intervenor should not be allowed to delay the trial of the principal cause, the trial of which was immediately proceeded with, the intervenor taking her bill of exceptions. Judgment was rendered in favor of ■plaintiff for a greater part of his claim, and the defendants and intervenor have prosecuted this appeal.
The plaintiff and appellee moves to dismiss the appeal of the intervenor, on the ground that the appeal bond was not signed by her, but by her counsel, who was without authority to do so, it appearing that «he was not absent from the parish.
It has often been held that the signature of the appellant is not ■necessary to the appeal bond, his obligation to discharge any judgment (rendered against him on the appeal resulting from the judgment ■itself. Hence if the counsel in this case was without special authority, ■as alleged, to sign for the appellant, it is no ground to dismiss the appeal.
The motion is, therefore, overruled. According to the construction
It is therefore ordered that the judgment rendered herein (being No. 4880 of the District Court) be reversed, and that this case be remanded, to be proceeded in according to law, plaintiff and defendants paying, costs of appeal.