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27 La. 112

Reiners v. St. Ceran

Supreme Court of Louisiana

Decided January 15, 1875

Supreme Court of Louisiana · decided 1875-01-15

<p>A motion to dismiss an appeal oh the ground, that it is frivolous can not prevail, although it may ho a good one for giving damages when tho case shall he tried on its merits.</p> <p>A party may obtain judgment on motion after ton days notice.</p>

Decided 1875-01-15

¶1On Motion to Dismiss.

Howe. J.

¶2The plaintiff moves to dismiss the appeal of S. D. Maxwell, on the grounds first — that it is frivolous, and second — that the appeal bond is not given for a sufficient amount.

¶3The first reason is not a good one for dismissing the appeal, though it may be for giving heavy damages when the case shall be tried on its merits. The second reason is not sustained by the record. So far as we can gather from any thing in the record the amount of the bond is sufficient.

¶4Motion overruled.

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