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STATE EX REL. MARCADE v. CITY OF NEW ORLEANS

No. 39629.

44 So.2d 305 (1949)

216 La. 587

STATE ex rel. MARCADE et al. v. CITY OF NEW ORLEANS.

Supreme Court of Louisiana.

Dissenting Opinion December 12, 1949.

Rehearing Denied January 9, 1950.

Attorney(s) appearing for the Case

Henry B. Curtis, City Atty., and Grady C. Durham, Asst. City Atty., New Orleans, for appellants.

Henry M. Robinson, New Orleans, Lamar Polk, Alexandria, and Herbert J. Garon, New Orleans, for relators and appellees.

HAWTHORNE, Justice.

The sole question presented by this motion to dismiss the appeal is whether the three days of grace provided in Article 883 of the Code of Practice, allowed an appellant for filing the transcript or for applying for an extension of time, are calendar days or judicial days.

In the instant case the appeal was made returnable on Friday, August 5, 1949. The transcript or record from the court below was not filed on or before this date, and...

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