Henri v. Francincues

On Application for Rehearing.

The counsel for the appellant complains,

1. that we have overlooked arts. 601 — 3 of the Code of Practice.

Those were the articles we were construing.

2. that we have overruled the cases, to which we were referred by him, and cited as “ 6 La. 129, 7 La. 245, and 7 M. 121.”

The first is Bowman v. James, where the testimony was taken down, not by the clerk but by some other person, and without the request of either party to the suit, which seems to have been considered necessary, but notwithstanding the testimony was in the record, the court dismissed the appeal.

In the…