Kirkman v. Butler
Supreme Court of Louisiana
Western Dist. APPEAL FROM THE COURT OF THE FOURTH JUDICIAL DISTRICT FOR THE PARISH OF CONCORDIA, THE JUDGE OF THE SECOND PRESIDING. This was an action of debt. At the June term.of the Concordia court, 1837, judgment was rendered against the defendant, and he appealed. The appeal was made returnable to the 1st Monday of October, 1837, to the Supreme Court, at Alexandria.
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Western Dist. APPEAL FROM THE COURT OF THE FOURTH JUDICIAL DISTRICT FOR THE PARISH OF CONCORDIA, THE JUDGE OF THE SECOND PRESIDING. This was an action of debt. At the June term.of the Concordia court, 1837, judgment was rendered against the defendant, and he appealed. The appeal was made returnable to the 1st Monday of October, 1837, to the Supreme Court, at Alexandria. There was no regular business transacted at this term, in consequence of prevailing sickness, and other causes, but the court opened on Friday, the 5th day of the term, and adjourned to the next day. It then adjourned over to…
1Opinion of the CourtMartin, J.
The dismissal of the appeal in this case, is asked for, on the ground that it was made returnable to the 1st Monday of October, 1837, and the record was not filed until one year thereafter.
The appellant has referred us to the cases of Rost vs. St. Francis’s Church, 5 Martin, N. S., 191, and Wells’s Heirs vs. Lamothe, 10 Louisiana Reports, 410. In both these cases the terms to which the appeals were made returnable, entirely failed, (to wit: October term, 1825 and 1835,) but the transcripts of the records, were filed within three judicial days at the following terms.
The present case is very…
2Cited by1 opinion
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