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70 La. Ann. 197

Michael v. Babin

Supreme Court of Louisiana

Decided April 15, 1867

Supreme Court of Louisiana · decided 1867-04-15

<p>A PPEAL from the District Court, Parish of East Baton Rouge, Posey, J.</p>

Decided 1867-04-15

Hyman, C. J.

¶1The plaintiff has filed a motion to dismiss the appeal on the ground that the appeal bond is defective, it not being made in favor of any one.

¶2The order of appeal was granted, on motion, in open Court.

¶3In 12 Robinson’s Reports, page 205, it was decided that there is no other way, when an appeal has been granted on motion in open Court, to compel appellees to take notice of an appeal, and to appear before us, than by including their names in the appeal bond.

¶4The appeal bond should have boon given in favor of the appellee.

¶5Let the motion bo. sustained, and let the appeal he dismissed.

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