Le Blanc v. Broussard's Heirs
Supreme Court of Louisiana
APPEAL FROM THE COURT 01' PROBATES, POR THE PARISH OP LAPAYETTE. ■, This is an action to compel the heirs of Theophile Broussard, among whom his succession was partitioned, to contribute proportionally to make up the loss the plaintiff sustained, in being evicted from a piece of wood-land, which had been set apart as part of her share in the succession. She alleges she has sustained a loss of five hundred dollars thereby.
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APPEAL FROM THE COURT 01' PROBATES, POR THE PARISH OP LAPAYETTE. ■, This is an action to compel the heirs of Theophile Broussard, among whom his succession was partitioned, to contribute proportionally to make up the loss the plaintiff sustained, in being evicted from a piece of wood-land, which had been set apart as part of her share in the succession. She alleges she has sustained a loss of five hundred dollars thereby. The defendants pleaded a general denial, and deny that the wood-land, of which the plaintiff complains of being evicted, was sold or set off to her; and if so, she must…
1Opinion of the CourtMartin, J.
In this case, the plaintiff and appellee moves to dismiss the appeal for want of the evidence on which the cause was tried, or a statement of facts.
Either party may have the testimony offered in court, taken down by the clerh. Thejudge has no authority to do this even at the request of the parties, when the court has a clerk except in a case where the party intending to appeal, fails in getting the opposite party to make a statement of facts, then the testimony taken down by him in writing will serve as a statement. A statement of facts must be procured, by the party intending to appeal,…
2Cited by2 opinions
- Williams v. Credit Service CorporationLouisiana Court of Appeal · 1959
- Davis v. UngermanLouisiana Court of Appeal · 1933