Legal Opinion

State ex rel. Cass v. Clark

Supreme Court of Louisiana

Decided April 15, 1881No. 8251PublishedCited by 4 opinions

A.PPLICATION for a writ of Mandamus. First — That under Art. 11 of the Constitution, a party, upon making proper affidavit, and upon certificate of counsel, that there is error in the judgment against him, is entitled to an appeal in forma pauperis. • Second — That where the appeal in forma pauperis has been granted in the lower court without costs to appellant, the clerk of the court is bound to prepare and deliver the transcript in tho cause, and cannot demand judicial…

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A.PPLICATION for a writ of Mandamus. First — That under Art. 11 of the Constitution, a party, upon making proper affidavit, and upon certificate of counsel, that there is error in the judgment against him, is entitled to an appeal in forma pauperis. • Second — That where the appeal in forma pauperis has been granted in the lower court without costs to appellant, the clerk of the court is bound to prepare and deliver the transcript in tho cause, and cannot demand judicial stamps from him. Third — That by “ adequate remedy ” in Art. 11 of the Constitution, is meant full and compíete remedy, and…

1Opinion of the Court

The opinion of the Court was delivered by

Bermudez, C. J.

This is an original application for a mandamus to 'compel the defendant to prepare and deliver, without costs, to the relator, the transcript of appeal in the case of Marie Louise Cass against him, on which judgment was rendered in favor of plaintiff and against the defendant, both on the merits and on the reconventional demand, granting a separation from bed and board.

The relator charges that after the judgment had become final, he applied for and obtained an order of appeal therefrom, returnable to. this Court, on giving a bond, which…

2Cited by4 opinions

  1. Dugas v. New York Casualty Co.Supreme Court of Louisiana · 1935
  2. State ex rel. Parish Board School Directors v. City of MonroeSupreme Court of Louisiana · 1913
  3. Reynolds v. Union Bank Trust CompanySupreme Court of Arkansas · 1930
  4. Harrell v. HarrellSupreme Court of Louisiana · 1931

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