GRACIANETTE v. BROWN

No. 265.

131 So.2d 838 (1961)

Arthur J. GRACIANETTE v. Chester BROWN, Jr.

Court of Appeal of Louisiana, Fourth Circuit.

June 30, 1961.


Attorney(s) appearing for the Case

Brierre, Tooley & Stephenson, Eugene D. Brierre, New Orleans, for defendant-appellant.

Mollere, Zaccaria & Gracianette, Cyril J. Gracianette, Metairie, for plaintiff-appellee.

Before McBRIDE, YARRUT and HALL, JJ.


LUTHER E. HALL, Judge pro tem.

This matter comes before us on a rule to show cause why this appeal should not be dismissed because of the failure of appellant to file a proper appeal bond within the required time.

When appellant filed his appeal bond pursuant to the order granting the appeal, appellee by rule in the District Court questioned the solvency of the surety. After a hearing the District Judge found that the surety was insolvent, declared the bond...

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