Verges v. Gonzales
Supreme Court of Louisiana
APPEAL from the Twenty-Eourth Judicial District Court, parish of St. Bernard. Livaudais, J. On The Motion to Dismiss. Eirat — If the testimony taken on the trial of the case in the lower court has not been reduced to writing, and the record contains no bill of exceptions, or statement of facts, or special verdict, or if the assignment of errors filed in the appellate court is without foundation, the appeal should be dismissed.
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APPEAL from the Twenty-Eourth Judicial District Court, parish of St. Bernard. Livaudais, J. On The Motion to Dismiss. Eirat — If the testimony taken on the trial of the case in the lower court has not been reduced to writing, and the record contains no bill of exceptions, or statement of facts, or special verdict, or if the assignment of errors filed in the appellate court is without foundation, the appeal should be dismissed. Second — When the transcript of appeal does not show a written note of the evidence received on the trial below, the presumption, then, is that the court which rendered…
1Opinion of the Court
On the Motion to Dismiss.
The opinion of the Court was delivered by
Levy, J.
Appellee moves to dismiss this appeal, as to the appellant, J. M. Oientat, on the ground that he has acquiesced in the judgment appealed from and applied for his suspensive appeal after legal delays had elapsed. He also filed a supplemental motion to dismiss on the following grounds: 1st. That the certificate of the clerk of the lower court is incorrect and untrue, in that the testimony of certain witnesses was *413heard by the court a qua on the trial of this ease, although the same was not taken down in writing, and that…
2Cases cited1 opinion
- Smith v. VanhilleSupreme Court of Louisiana · 1837
3Cited by9 opinions
- Harrison v. SoulabereSupreme Court of Louisiana · 1900
- Goldman v. ThomsonLouisiana Court of Appeal · 1926
- Louisiana Land & Immigration Co. v. MurffSupreme Court of Louisiana · 1916
- State ex rel. Mitchell v. Cohn Flour & Feed Co.Louisiana Court of Appeal · 1931
- Streat v. Unity Industrial Life Ins. Co.Louisiana Court of Appeal · 1932
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