Chaffe, Powell & West v. Mackenzie
Supreme Court of Louisiana
1 Boone^ J. PPEAL from the Second District Court, Parish of Webster. 1. If the appellant has acquiesced in the judgment of the lower court the appeal will be dismissed. 32 An. 947, Stinson vs. O’Neal; 40 An. 201; Board of Church Wardens vs. Bishop et al.; also dissenting opinion of Justices Todd and Watkins in 39 An. 84, Duncan vs. Wise. 2. Transcript made up by the instructions and under supervision of appellant’s counsel, errors therein will be imputed to the appellant and…
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1 Boone^ J. PPEAL from the Second District Court, Parish of Webster. 1. If the appellant has acquiesced in the judgment of the lower court the appeal will be dismissed. 32 An. 947, Stinson vs. O’Neal; 40 An. 201; Board of Church Wardens vs. Bishop et al.; also dissenting opinion of Justices Todd and Watkins in 39 An. 84, Duncan vs. Wise. 2. Transcript made up by the instructions and under supervision of appellant’s counsel, errors therein will be imputed to the appellant and the appeal dismissed. 38 An..34, Samuels et al. vs. Brownlee et al., and cases cited. 3. Affidavit for attachment that…
1Opinion of the Court
The opinion of the court was delivered by
McEnery, J.
The defendant moves to dismiss this appellant on the grounds, (1) errors in the transcript imputable to the appellant, and (2) acquiescence in the judgment.
1. The errors in the transcript are not of that character which would justify the dismissal of the appeal, even if they were imputed to the appellant. But the affidavit of the attorney is attached to the transcript, which satisfies us that the errors complained of can not be attributed to the appellant. The error in the certificate of the date of filing transcript is clear cut, and fully,…
2Cited by7 opinions
- Johnson v. LevySupreme Court of Louisiana · 1907
- Hillard v. TaylorSupreme Court of Louisiana · 1905
- General Motors Acceptance Corporation v. SneedSupreme Court of Louisiana · 1928
- Chas. A. Kaufman Co. v. GregoryLouisiana Court of Appeal · 1962
- Ackermann v. LarnerSupreme Court of Louisiana · 1907
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