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44 La. Ann. 146

McCarthy v. McCarthy

Supreme Court of Louisiana

Decided February 15, 1892

Supreme Court of Louisiana · decided 1892-02-15

<p>In an appeal from a judgment which is not for money or for delivery of property, it is the function of the judge to fix the amount of the bond for suspensive appeal. When he has done so and appellant has complied with the order, alleged error in the exercise of the judge’s discretion may authorize some re lief, but is certainly no ground for dismissing the appeal.</p>

Cited by 2 later decisions — most recently November 1921

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1892-02-15

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¶1On Motion to Dismiss.

¶2The opinion of the court was delivered by

Fenner, J.

¶3The appeal is taken from a judgment decreeing a. separation from bed and board and dissolving the community between the parties. It is not for any sum of money nor does it decree the delivery of any property, movable or immovable. Therefore, on a timely application made for a suspensive appeal, it was the function of the judge to fix the amount of the bond to be given by appellee. He fixed the amount in this case at one hundred dollars and appellant gave bond accordingly. If it were true, as appellee contends, that the amount fixed is too small, this might authorize some relief, but it is certainly no ground to dismiss the appeal.

¶4Motion denied.

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