Stark v. Burke

C. J.

Judgment having been rendered in this cause in the court below, against Caldwell, and affirmed by this court, he applied after one decree was rendered, and before three judical days had expired for leave to file a plea of proscription, the proof of which, as he contends, “ appears by the mere examination of the record,” and presents a case under the Article 902 of the Code of Practice. We refused to entertain the application ex parte, and directed counsel to take a rule to show cause. The appellee contends that the plea comes too late, and this is the question we have to determine. The…