Summary
In Cook v. Crow, 199 So. 413, decided by the same court some six months later, the plaintiff petitioned for an order of devolutive appeal. The appeal was granted conditioned on the furnishing of a bond in the sum of $100.
Summary of this case from Bannister v. Chisesi LongoOpinion
No. 6240.
November 29, 1940.
Appeal from Third Judicial District Court, Parish of Union; E.L. Walker, Judge.
Action by Roy Cook and others against J.B. Crow and Mrs. Lecy J. Crow, where-in the Marion State Bank intervened. A judgment for plaintiffs against the firstnamed defendant was amended and affirmed on an appeal by such defendant, 194 So. 455, and to review the judgment in so far as it rejected plaintiffs' demands against the last-named defendant, plaintiffs petitioned for an order of devolutive appeal, which was granted. Motion by the lastnamed defendant to dismiss the appeal.
Appeal dismissed.
Barksdale, Warren Barksdale, of Ruston, for plaintiff-appellant.
J.B. Crow, of Shreveport, for defendant-appellee.
The judgment rendered in this cause by the district court on April 20, 1939, and read, signed and filed on June 19, 1939, condemned defendant J.B. Crow to pay to plaintiffs a certain stated sum, with interest and attorney's fees; but plaintiffs' demands against defendant Mrs. Lecy J. Crow were therein rejected.
On an appeal to this court prosecuted by the said J.B. Crow, we amended the judgment by reducing the sum awarded. 194 So. 455. The demands respecting Mrs. Crow were not then before us. Our decree has since become final.
On June 18, 1940, plaintiffs petitioned the district court for an order of devolutive appeal, returnable to this court, from the judgment in so far as it rejected their damands against defendant Mrs. Lecy J. Crow. The appeal was granted, conditioned on bond in the sum of $100 being furnished. A bond for this amount was filed on June 26, 1940.
In this court, the said Mrs. Lecy J. Crow has moved in writing that the appeal be dismissed for the reason, among others, that: "The appeal bond herein was not filed with the Clerk of the District Court at Farmerville until June 26, 1940, seven days after the one year period of limitation had run within which to take and perfect an appeal, and said delay in filing said appeal bond is attributable to the plaintiffs and appellants in this cause, and appearers specially plead the prescription of one year in bar of this appeal."
The motion to dismiss the appeal is, we think, well founded, and it must be sustained.
To perfect an appeal the required bond must be filed within the time prescribed by law. The order granting it is inoperative and without effect until the filing occurs. Lafayette et al. v. Farr et al., 162 La. 385, 110 So. 624. The bond in the instant case was not timely furnished, as more than a year had elapsed when its presentation took place.
The appeal is dismissed.