Blanks v. Lephiew

Decided March 3, 1913

Supreme Court of Louisiana · decided 1913-03-03

<p>Appeal from Fourth Judicial District Court, Parish of Union; R.. B. Dawkins, Judge.</p> <p>Two actions by J. P. Blanks and others against W. H. Lephiew and others. From the judgment, plaintiffs appeal.</p>

Cited by 8 later decisions — most recently May 1936

8 state decisions

Relies on Hughes v. Caruthers

Good law ✅— No negative treatment on recordhow we know

Reversed, and judgment rendered for plaintiffs · Decided 1913-03-03

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¶1On Motion to Dismiss.

PROVOSTY, J.

¶2[1] Motion is made to dismiss the appeal on the ground that the judge fixed the amount of the appeal bond at too low a figure.

¶3A similar motion to dismiss was disposed *548of by this court in Hughes v. Caruthers, 26 La. Ann. 530, thus briefly:

“The bond is for the amount fixed by the judge. It is therefore sufficient to maintain the appeal.”

¶4The remedy of the appellee in case the bond has been fixed too low is to apply to the trial court for an increase; and, in case of refusal, to seek relief in the appellate court by appropriate writ.

¶5The motion to dismiss is overruled.