Heirs of Hoover v. York
Supreme Court of Louisiana
APPEAL from the Ninth Judicial District Court, parish of Concordia. Hough, J. On Motion to Dismiss. [First — The clerk’s certificate ought to show that the transcript is a full and complete transcript of the record of the case in the lower court; and when the certificate does not show that fact, the appeal should be dismissed. 21 An. 458. Second — The clerk’s certificate ought to show that the transcript contains a copy of all the evidence adduced on the trial in the lower…
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APPEAL from the Ninth Judicial District Court, parish of Concordia. Hough, J. On Motion to Dismiss. [First — The clerk’s certificate ought to show that the transcript is a full and complete transcript of the record of the case in the lower court; and when the certificate does not show that fact, the appeal should be dismissed. 21 An. 458. Second — The clerk’s certificate ought to show that the transcript contains a copy of all the evidence adduced on the trial in the lower court. C. P. 896. Third — When it appears that the appellants’ attorney would not permit the clerk to copy the entire…
1Opinion of the Court
*653On Motion to Dismiss.
The opinion of the Oourt was delivered by
Poché, J.
Appellees move to dismiss this appeal for deficiencies in the record and in the clerk’s certificate, attributable to appellants’ fault. The clerk certifies, in substance, that the record contains a transcript of extracts of minutes of the court in this suit, and in other suits offered in evidence, and of enumerated documents, amounting to twenty-three in number, figuring in this suit.
But he signally fails to certify whether the copy of the record which he sends up contains all the testimony adduced on the trial of the…
2Cited by3 opinions
- Quaker Realty Co. v. PoseySupreme Court of Louisiana · 1912
- Conery v. His CreditorsSupreme Court of Louisiana · 1906
- Chambers v. HenryLouisiana Court of Appeal · 1932