Torres v. Falgoust
Supreme Court of Louisiana
APPEAL from the Twenty-second District Court, Parish of St. James. Oheevers, J. An appeal should not be dismissed because documents merely offered, but not filed, have not been transcribed in the record. 32 An. 1076 ; 2 L. 165; 11 An. 72. A clerk has no right to include documents in the record, which have not been produced and filed.
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APPEAL from the Twenty-second District Court, Parish of St. James. Oheevers, J. An appeal should not be dismissed because documents merely offered, but not filed, have not been transcribed in the record. 32 An. 1076 ; 2 L. 165; 11 An. 72. A clerk has no right to include documents in the record, which have not been produced and filed. If be does include them, the Court cannot consider them. 32 An. 1076. Plans incorporated into and bound up with the other pages of the transcript of appeal, and which are repeatedly referred to in the index and the note of evidence, as being at the pages where…
1Opinion of the Court
On Motion to Dismiss.
The opinion of the Court was delivered by
■ Bermudez, C. J.
The defendant and appellee moves to dismiss this appeal, on the ground of deficiencies existing in the transcript, by the fault of the appellant.
The motion states in what particulars the record is incomplete, and the circumstances under which it was prepared.
Its averments are verified by the oath of counsel and by that of the clerk of the District Court, from which it appears that the transcript was made in part by the attorney of appellant and under his direction.
Appellant’s counsel submits in opposition or…
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