Clark v. Laidlaw
Supreme Court of Louisiana
Appeal from the Commercial Court of New Orleans, Watts, J. moved to dismiss this appeal on the ground that the certificate of the Clerk of the court below, showed that the testimony of a witness examined on the trial had not been reduced to writing, and could not be included in the record ; there being no statement of facts, bill of exceptions or assignment of errors.
1Opinion of the CourtMartin, J.
The plaintiffs and appellees discovered that the testimony of Bedford, a witness examined below, was not in the transcript; the appellant obtained a certiorari, on which the Clerk returned that the testimony had not been reduced to writing. The record shows that the judgment was given partly on the testimony of Bedford, which does not appear to have been transcribed, although the Clerk certified that he was sworn and examined. The Judge, however, has certified that the record contains, “ all the evidence adduced by the parties.” The plaintiffs, on this have demanded the dismissal of the…
2Cited by2 opinions
- Henri v. FrancincuesSupreme Court of Louisiana · 1879
- Henri v. FrancincuesSupreme Court of Louisiana · 1879