Nichols v. Harris
Supreme Court of Louisiana
On Motion to Dismiss. PPEAL from the Fifth District Court, parish of Orleans. Sogers, . J. The witnesses were heard in open court. By consent of Counsel, the case was thereupon submitted, and the District Judge rendered liis judgment on that oral testimony, because the written report of the phonograplier was never filed.
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On Motion to Dismiss. PPEAL from the Fifth District Court, parish of Orleans. Sogers, . J. The witnesses were heard in open court. By consent of Counsel, the case was thereupon submitted, and the District Judge rendered liis judgment on that oral testimony, because the written report of the phonograplier was never filed. It is clear that Appellant should have had a statement of facts made out, as required by Art. 602, O. P. The Appeal should be dismissed because the fault, if the testimony was not noted in writing, is attributable to Appellant. 29 An. 71 ; 25 An. 667; 23 An. 746; 22 An. 83.…
1Opinion of the Court
The opinion of the Court was delivered by
Levy, J.
This case is before us on a motion to dismiss the appeal. The judgment herein was signed on the 18th of February, 1879 ; appellant filed her petition for a devolutive appeal, and the same was granted on the 11th of February, 1880. In the certificate of the clerk, it is certified that the transcript is a full and complete one of all the proceedings had, testimony and evidence adduced, and all the documents filed upon the trial of the case, “ except the depositions of S. Cot-ten, Mrs. Nichols, and D. A. Harris, which the affidavit of Bichará…
2Cited by9 opinions
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- Dauchite Lumber Co. v. Lane & Bodley Co.Supreme Court of Louisiana · 1900
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