Moniotte v. Bouanchaud

Decided April 24, 1916

Supreme Court of Louisiana · decided 1916-04-24

Le Blanc, Jr., Judge. Suit by J. Franklin Moniotte against Lamartine Bouanchaud, Sheriff, and others. From a judgment dissolving an injunction, plaintiff appealed, and thereafter judgment was rendered on a rule declaring the surety on the bond given in the original appeal to be insufficient, and plaintiff appeals.

Good law ✅— No negative treatment on recordhow we know

Appeal dismissed · Decided 1916-04-24

How this case has been cited

Cited by 6 later decisions — most recently February 1942

6 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.

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PROVOSTY, J.

¶1An appeal having been taken from a judgment dissolving an injunction, and it having been perfected by the giving of bond, a rule was taken in the trial court to show cause why the surety on the appeal bond should not be declared to be insufficient. Judgment was rendered on this rule declaring the surety to be insufficient, and the matter now to be considered is an appeal from the latter judgment.

¶2Appellee calls attention to the fact that the transcript of the first, or main, appeal has never been filed in this court, and that the time for doing so has long ago expired, so that the appeal has lapsed, and that, this being so, the present appeal, which’ is but in aid of the other, presents but a moot ease, and should therefore be dismissed.

¶3Appeal dismissed.