State ex rel. Luling v. Judge Fourth Judicial District Court

This is a proceeding by mandamus to compel the Judge of the Fourth District Court, parish of St. Charles, to execute a judgment, on the ground that the appellant had failed to file the transcript of appeal within the legal delay.

It appears that the return day, as extended, was the twenty-eighth of February, which was Sunday. The next day, between six and half-past six in the evening, the attorney of the appellant deposited in the clerk’s office the transcript, but the clerk being absent the filing was not indorsed thereon till the succeeding day.

The transcript being deposited in the proper…