Legal Opinion

Erwin v. Orillion

Supreme Court of Louisiana

Decided February 15, 1834PublishedCited by 10 opinions

APPEAL FROM THE COURT OF THE FOURTH JUDICIAL DISTRICT, THE JUDGE OF THE SECOND PRESIDING. This suit was brought to obtain the seizure and sale of certain property, by virtue of a claim of mortgage for the payment of the sum of five thousand dollars.

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APPEAL FROM THE COURT OF THE FOURTH JUDICIAL DISTRICT, THE JUDGE OF THE SECOND PRESIDING. This suit was brought to obtain the seizure and sale of certain property, by virtue of a claim of mortgage for the payment of the sum of five thousand dollars. The plaintiffs were Lavinia Erwin, widow of Joseph Erwin, deceased, Eliza Wilson, Isaac Erwin, Leodocia Erwin, wife of William B. Robertson, and by him assisted, Charles H. Dickinson, Thomas R. Erwin, Lavinia Erwin, wife of Warren Acorn, Lavinia Erwin, as tutrix of the minor children of John Erwin, deceased, and as administratrix of Joseph Erwin,…

1Opinion of the CourtMathews, J.

It is moved on the part of the appellee, to dismiss this appeal, on the grounds that there is no statement of facts, or any thing equivalent, and that an assignment of errors of law, apparent on the record, was not made and filed in due time.

An assignment of errors was not made in the manner directed by the Code of Practice, see art. 897; for none was filed within the time limited by that article. Consequently, if there be no statement of facts, nor certificate of the judge or clerk of the court below, as required by law, the appeal *210should be dismissed. In the present instance, a statement of…

2Cited by10 opinions

  1. Kelley v. KelleySupreme Court of Louisiana · 1941
  2. In re FazendeSupreme Court of Louisiana · 1883
  3. Deshotels v. LafleurSupreme Court of Louisiana · 1914
  4. Succession of DucloslangeSupreme Court of Louisiana · 1846
  5. Cammack v. GordonSupreme Court of Louisiana · 1868

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