Legal Opinion

Union Garment Co. v. Newburger

Supreme Court of Louisiana

Decided June 14, 1909No. 17,649PublishedCited by 15 opinions

Appeal from Civil District Court, Parish of Orleans; George H. Theard, Judge. Consolidated actions by the Union Garment Company, Limited, against Sylvan New-burger and others, and by Hartwig Moss against Edward Ivory. From a judgment for the first-named plaintiff, Moss and others appeal.

1Opinion of the Court

On Motions to Dismiss.

NICHOLLS, J.

In the certificate of the clerk to the transcript of appeal that officer certifies that:

The “answer of Edward Kory filed October 28, 1907, three notes filed July 24, 1908, and sheriff’s indemnity bond filed September 13, 1908, are missing from the record, and cannot be found notwithstanding due and diligent search cannot be found.”

The appellees move to dismiss the appeal by reason of the absence of those papers from the record.

Since the filing of. the motions to dismiss a carbon copy of the missing answer of Edward Kory has been found, and replaces the…

2Cases cited3 opinions

  1. Barton v. BurbankSupreme Court of Louisiana · 1907
  2. Immanuel Presbyterian Church v. RiedySupreme Court of Louisiana · 1900
  3. Grubbs v. PiersonSupreme Court of Louisiana · 1903

3Cited by15 opinions

  1. Moore v. MooreSupreme Court of Delaware · 1958
  2. Riggin v. Watson-Aven Ice Cream Co.Supreme Court of Louisiana · 1939
  3. Wright v. BarnesLouisiana Court of Appeal · 1989
  4. Montgomery v. ForemanLouisiana Court of Appeal · 1982
  5. Eduardo Fernandez Y Compania v. Longino & CollinsSupreme Court of Louisiana · 1942

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