State, Department of Highways v. McTeague

Full title: STATE of Louisiana, Through the DEPARTMENT OF HIGHWAYS v. Hilarion…

Court: Court of Appeal of Louisiana, First Circuit

Date published: Jun 30, 1970

244 So. 2d 263 (La. Ct. App. 1970)

Opinion

No. 8153.

June 30, 1970.

APPEAL FROM 21ST JUDICIAL DISTRICT COURT, PARISH OF TANGIPAHOA, WARREN W. COMISH, J.

Wm. W. Irwin, Jr., and Philip K. Jones, Dept. of Highways, Baton Rouge, for appellant.

L. B. Ponder, Jr., Amite, for appellees.

Before LANDRY, SARTAIN and ELLIS, JJ.

ELLIS, Judge.

This is a motion to dismiss the devolutive appeal taken by the Department of Highways herein. Movers claim that the Department has failed to deposit in the registry of the Court the excess amount of the judgment below, and that under the provisions of R.S. 19:13, the excess must be deposited as a condition precedent to the taking of the appeal.

The Supreme Court held, in the case of State, Department of Highways v. Holmes, 251 La. 607, 205 So.2d 416 (1967), in which the same contention was made, that the making of the deposit was not essential to the validity of the appeal. The motion is without merit.

Motion to dismiss denied.