# Dreyfus v. American Bonding Co.

> Supreme Court of Louisiana · November 4, 1914 · 136 La. 491

URL: https://www.frixlaw.com/law-library/cases/7169363

## Case

- **Full name:** DREYFUS v. AMERICAN BONDING CO.
- **Court:** Supreme Court of Louisiana
- **Decided:** November 4, 1914
- **Citations:** 136 La. 491; 67 So. 342; 1914 La. LEXIS 1967
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Niell
- **Judges:** Niell, Sty
- **Cited by:** 7 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7169363

## Opinion text

On Motion to Dismiss the Appeal.
O’NIELL, J.
[1] This is a coneursus proceeding in which the surety on the bond of the contractor has appealed from a judgment approving the report of the commissioner. The materialmen have moved to dismiss the appeal on the ground that the appellant’s exceptions taken to the report do not refer to the findings in favor of the materialmen. If they had taken this view of the exceptions in the district court, they should have moved for a confirmation of the findings in their favor, when the delays for filing exceptions expired. On the contrary, the exceptions were regarded as objections to the findings in favor of the materialmen, as well as the owner of the buildings, and the judgment of confirmation was rendered after a hearing thereon. We will not pass upon the various exceptions to determine a question which may properly be considered on the *493 merits. The motion to dismiss the appeal is therefore denied.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7169363. Public record. Not legal advice.