Reddick v. White
Supreme Court of Louisiana
PPEAL from the Civil District Court, Parish of Orleans. Bightor, J. On Motion to Dismiss. The judgment allowing this proceeding in forma pauperis was rendered contradictorily with the defendant in the District Court, and he having neither appealed nor excepted thereto can not urge objections thereto by a motion to dismiss the appeal.
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PPEAL from the Civil District Court, Parish of Orleans. Bightor, J. On Motion to Dismiss. The judgment allowing this proceeding in forma pauperis was rendered contradictorily with the defendant in the District Court, and he having neither appealed nor excepted thereto can not urge objections thereto by a motion to dismiss the appeal. The granting of an application 1 o proceed in forma pauperis lies with the District Judge. 38 An. 423. Applications to so proceed can be made and granted at any stage of the proceedings in the lower court. Eng. and Am. Ency. of Law, Vol. 8, p. 548; Ibid., Vol. 4,…
1Opinion of the Court
On Motion to Dismiss.
The opinion of the court was delivered by
Miller, J.
The motion to dismiss in this case is on the ground the record of appeal is not stamped as required by Sec. 1 of Act No. 136 of 1880.
The appellant claims that under the order of the lower court the appeal was allowed in forma pauperis, dispensing him from stamping the record. We are aware of no legislation that authorizes this court to dispense with the stamping of the record as a preliminary to the hearing of the cause. The appellant refers to the dispensation from costs accorded by courts of equity to the poor litigant…
2Cited by20 opinions
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- Jeffries v. MooreSupreme Court of Louisiana · 1951
- Martin v. SeabaughSupreme Court of Louisiana · 1911
- Metropolitan Life Ins. Co. v. HaackDistrict Court, W.D. Louisiana · 1943
- Broussard v. Crochet, Broussard & Co.Louisiana Court of Appeal · 1985
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