B & R CONSTRUCTION CO. v. DUVIGNEAUD

No. 1661.

168 So.2d 468 (1964)

B & R CONSTRUCTION CO., Inc. v. Harry J. DUVIGNEAUD, Jr., Duvigneaud Investment, Inc., Joseph D. Duvigneaud.

Court of Appeal of Louisiana, Fourth Circuit.

November 2, 1964.


Attorney(s) appearing for the Case

William F. Wessel, New Orleans, for plaintiff-appellee.

Gilbert P. Cohen, Gretna, for defendants-appellants.

Before HALL, TURNER, and BARNETTE, JJ.


HALL, Judge.

Appellee moves to dismiss the appeal herein on the sole ground that the appeal bond was not signed by the surety.

It appears that although the surety did not sign the bond itself she did sign the affidavit attached thereto as required by LSA-C.C.P. Art. 5122. In similar cases it has been held that the omission to sign the bond is a mere irregularity and that the appeal can not be dismissed at least in the absence of a rule brought by appellee...

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