Campbell, Richie & Co. v. Karr
Supreme Court of Louisiana
APPEAL FROM THE COURT OF THE THIRD JUDICIAL DISTRICT, THE JUDGE THEREOF PRESIDING. The plaintiff obtained an appeal, returnable to the first Monday in August, 1834, to the Supreme Court, sitting at East Baton Rouge. The order granting the appeal is dated 2d January, 1834, and the citation issued the 15th February following.
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APPEAL FROM THE COURT OF THE THIRD JUDICIAL DISTRICT, THE JUDGE THEREOF PRESIDING. The plaintiff obtained an appeal, returnable to the first Monday in August, 1834, to the Supreme Court, sitting at East Baton Rouge. The order granting the appeal is dated 2d January, 1834, and the citation issued the 15th February following. The writ of citation is signed by the deputy clerk, but the seal of the court, or any other seal, is not affixed to it. moved to dismiss the appeal, on the following grounds: 1. Because there is no certificate of the judge at the foot of the record, that it contains all…
1Opinion of the CourtBullard, J.
In this case the appellee moves to dismiss the appeal, on the ground that the citation of appeal does not bear the seal of the court from which it issued. It is true, the Code does not expressly require that the citation of appeal should be but the court has a seal, and the signature of the clerk is incomplete without it: it is that which authenticates sealed; it, and makes it evidence in other courts.
We have been urged to allow tune to bring up the appeal regularly, and a new citation to be ordered by this court. This, we think, cannot be done. Without citation in the first • . t i , n • i .…
2Cited by2 opinions
- Garlick v. Williams Medical InstituteLouisiana Court of Appeal · 1913
- State v. BrownSupreme Court of Louisiana · 1881