Andrus v. Board of Police
Supreme Court of Louisiana
APPEAL from the First Justice’s Court for the Parish of St. Landry. Brooks, J. !Motk)X to Dismiss. J. -V certificate which does not certify that the transcript includes all the proceedings, evidence and testimony is defective. 10 670; 3 L. 295, 446, 454; 2 íT. S. 67; 7 L. 537 ; 14 L. 265; 17 L. 27; 3 Ann. 180; 8 Ami. 592; 11 Ann. 644; 4 Ann, 487; 10 Ann. 180; 11 Ann.
Read the full summary
APPEAL from the First Justice’s Court for the Parish of St. Landry. Brooks, J. !Motk)X to Dismiss. J. -V certificate which does not certify that the transcript includes all the proceedings, evidence and testimony is defective. 10 670; 3 L. 295, 446, 454; 2 íT. S. 67; 7 L. 537 ; 14 L. 265; 17 L. 27; 3 Ann. 180; 8 Ami. 592; 11 Ann. 644; 4 Ann, 487; 10 Ann. 180; 11 Ann. (¡04; 12 Ann. 582. 2. Where the appeal from the judgment of a magistrate is not taken in the presence of the parties, and no prayer is made for citation of appellee, and he is not cited, the appeal will be dismissed. 0.1\ 15 L.…
1Opinion of the Court
*699Tlie opiniop of tlie Court was delivered by
Fenner, J.
There is no merit in the motion to dismiss.
The judgment was signed on May 18th, and, on the same day, in presence of counsel for plaintiff, in open court, defendant made his motion and obtained his order of appeal.
No citation of appeal was necessary. The Articles 1128 to 1138, C. P., manifestly refer to appeals from justices’ courts to district courts, and not to appeals directly to this court.
Appeals were taken simultaneously in this case aiid in another numbered 1,336 of our docket, identical in character. By a clerical error the…
2Cases cited1 opinion
- State v. Judge of the Court of Probates of New OrleansSupreme Court of Louisiana · 1842
3Cited by5 opinions
- Cluggish v. KoonsIndiana Court of Appeals · 1896
- Burdin v. Police JurySupreme Court of Louisiana · 1910
- Lawson v. Opelousas, G. & N. E. R.Supreme Court of Louisiana · 1911
- Frazier v. Board of DirectorsSupreme Court of Louisiana · 1923
- Opinion Number, Louisiana Attorney General Reports1996