Allain v. Preston
Supreme Court of Louisiana
Eastern Dis. APPEAR PROM THE COURT OP THE PIRST DISTRICT. This case comes before this court on the third appeal. For a statement of facts, and the proceedings had previous to this appeal, see 2 La.
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Eastern Dis. APPEAR PROM THE COURT OP THE PIRST DISTRICT. This case comes before this court on the third appeal. For a statement of facts, and the proceedings had previous to this appeal, see 2 La. Rep. 39, 4 ii. 13. The record for this appeal contained the last decree of this court, dated 15th January, 1833, remanding the cause for want of a contestatio litis on the merits; the judgment of the inferior court for the plaintiff signed 15th of February following; the defendants petition of appeal; the order, bond, and clerk’s certificate. 1. A personal obligation is valid even when the obligee…
1Opinion of the CourtMartin, J.
We learn from the clerk’s certificate, that the sheets proceeding it “ contain a transcript of all the proceedings on which the cause was tried, since the last appeal, with the exceptions of the transcripts of the two former appeals, which are already in the Supreme Court.”
There is no statement of the facts, no evidence appears to have been taken down during the trial, there is no bill of exceptions, case agreed, or allegation of any error apparent on the face of the record, nor any certificate of the judge.
We have not examined the transcripts in the two preced- . . . ing appeals, because,…
2Cited by1 opinion
- Fletcher v. WardLouisiana Court of Appeal · 1925