LANGSTON v. WILLIS

No. 2080.

179 So.2d 653 (1965)

T. R. LANGSTON, d/b/a Langston Shopping Center v. Borden WILLIS.

Court of Appeal of Louisiana, Fourth Circuit.

November 2, 1965.


Attorney(s) appearing for the Case

Morphy, Freeman & Batt, A. D. Freeman, Jr., New Orleans, for plaintiff-appellee.

Joseph E. Defley, Jr., Port Sulphur, for defendant-appellant.

Before YARRUT, SAMUEL and HALL, JJ.


YARRUT, Judge.

This is a motion to dismiss an appeal because Defendant filed his appeal bond one day too late. Plaintiff relies on LSA-C.C. P. art. 2087 which provides that a devolutive appeal must be taken and the security furnished therefor within 90 days after the expiration of the delay for applying for a new trial when no application for a new trial has been filed.

Under LSA-C.C.P. art. 1974, the delay for applying for a new trial is three days, exclusive...

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