Thayer v. Littlefield
Supreme Court of Louisiana
Appeal from the District Court of the First District; Buchanan, J. moved to dimisS this appeal, the record containing fio statement of fa'cts, bill of exceptions, or assignment of errors, and it appearing from the certificate of the clerk that all the evidence was not transcribed; citing Field v. Sibley; 2 La. 496; The certificate stated, that the record, “ contains a transcript of all the proceedings, as well as of all the documents filed, and all the testimony adduced on…
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Appeal from the District Court of the First District; Buchanan, J. moved to dimisS this appeal, the record containing fio statement of fa'cts, bill of exceptions, or assignment of errors, and it appearing from the certificate of the clerk that all the evidence was not transcribed; citing Field v. Sibley; 2 La. 496; The certificate stated, that the record, “ contains a transcript of all the proceedings, as well as of all the documents filed, and all the testimony adduced on the trial, exeept document No. 1, which is not to be found among the papers, and also excepting the record of the suit of…
1Opinion of the Court
Bullard J.
The appellee moves to dismiss this appeal, on the ground that the record contains neither all the evidence adduced on the trial below, nor a statement of facts, nor any bill of exceptions, or assignment of errors.
The appellant admits that the record is imperfect, but contends, that after answer to the appeal oh the merits* it is too late to make the objection, and that he is entitled to a certiorari to supply the defect.
The first objection has no weight; because, if both parties were to agree to it, this court would not try any case on its merits, without having before it all the…
2Cases cited1 opinion
- Bell v. BellSupreme Court of Louisiana · 1832
3Cited by3 opinions
- City of Shreveport v. MarounSupreme Court of Louisiana · 1913
- Henri v. FrancincuesSupreme Court of Louisiana · 1879
- Henri v. FrancincuesSupreme Court of Louisiana · 1879