In re Fazende
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. Bightor, J. 1. Plea of want of tender, as a prerequisite to the opposition of a monition, which opposition involves a petitory action, cannot be made by a warrantor after the applicant for monition has joined issue with the opponent, and from his answer, it appears that the tender would be a vain thing. 8 La. 252 ; C. P. 333, 336, 345, 346. If such a plea be sustained at all, it should only have effect as to the…
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APPEAL from the Civil District Court for the Parish of Orleans. Bightor, J. 1. Plea of want of tender, as a prerequisite to the opposition of a monition, which opposition involves a petitory action, cannot be made by a warrantor after the applicant for monition has joined issue with the opponent, and from his answer, it appears that the tender would be a vain thing. 8 La. 252 ; C. P. 333, 336, 345, 346. If such a plea be sustained at all, it should only have effect as to the warrantor excepting. 2. Where there is a plea of the kind, it should be made to appear that something, and what did…
1Opinion of the Court
*1146On Motion to Dismiss.
The opinion of the Court was delivered by
Fenner, J.
The motion is based on the ground that there is “no note of evidence, no bill of exceptions and no statement of facts in the record,” and that appellant has not, within ten days after bringing up of the record, filed any written assignment of error.
' The certificate of the clerk attached to the record is full to the effect that the transcript contains “ a true, correct and complete transcript of all the proceedings had, documents filed, testimony and evidence "adduced upon the trial of the cause.”
We think that this…
2Cases cited2 opinions
- Erwin v. OrillionSupreme Court of Louisiana · 1834
- Reeves v. AdamsSupreme Court of Louisiana · 1833
3Cited by9 opinions
- Harrison v. SoulabereSupreme Court of Louisiana · 1900
- Mayo v. Nissan Motor Corp.Louisiana Court of Appeal · 1994
- Goldman v. ThomsonLouisiana Court of Appeal · 1926
- Boyd v. BradleySupreme Court of Louisiana · 1913
- Streat v. Unity Industrial Life Ins. Co.Louisiana Court of Appeal · 1932
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