Brooks v. Smith

Decided January 9, 1908

Supreme Court of Louisiana · decided 1908-01-09

<p>Appeal from Twenty-Sixth Judicial District Court, Parish of Washington; Thomas Moore Burns, Judge.</p> <p>Action by John Brooks and wife against H. J. Smith and others. Judgment for defendants, and plaintiffs appeal.</p>

Relies on Brooks v. Smith · Bienvenu v. Factors' & Traders' Insurance · 49 La. Ann. 880 - Mutual Loan & Building Ass'n v. First African Baptist Church

Good law ✅— No negative treatment on recordhow we know

Dismissed · Decided 1908-01-09

How this case has been cited

Cited by 10 later decisions — most recently May 1937

10 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1On Motion to Dismiss Appeal.

MONROE, J.

¶2Defendants (appellees) move to dismiss the appeal in this case on the ground that a previous appeal was dismissed because of the failure of the appellants to bring up the transcript within the delay fixed. The fact being as stated (Brooks v. Smith, 118 La. 758, 43 South. 399), the motion must prevail. When an appeal is dismissed for failure of the appellant to file the transcript in time, it is considered abandoned, and cannot afterwards be renewed. Code Prac. art. 594. Bienvenu v. Insurance Co., 33 La. Ann. 209; Succession of Llula, 42 La. Ann. 475, 7 South. 585; Mut. B. & L. *455Ass’n v. Church, 49 La. Ann. 880, 21 South. 517.

¶3It is therefore ordered that the appeal be dismissed.