Radovich v. Frigerio
Also decided on this docket: La. Ct. App. 3d Cir., April 23, 1971 247 So. 2d 399; La. Ct. App. 1st Cir., March 24, 1952 57 So. 2d 786; La. Ct. App. 1st Cir., August 20, 1971 251 So. 2d 820; La. Ct. App. 1st Cir., December 12, 1904 2 Teiss. 47
Radovich v. Frigerio, 27 La. 68 (1875).
Opinion text
On Motion to Dismiss Wtly, J. It is the duty of the appellant to bring up a correct transcript. If the record which he flies does not contain all the evidence, it is his duty to apply for a certiorari to correct it before the case is submitted on the merits. In the case at bar the appellee moved to dismiss the appeal on the ground that the record does not contain all the evidence adduced at the trial below. The case was submitted on this motion and also on the merits, without any application being made by the appellant to correct the record according to law. The fault is attributable to the appellant. It is, therefore, ordered that the appeal herein be dismissed at appellants costs.