No. 8038 Precedential Processed

State ex rel. Meyers v. Board of Liquidation

Louisiana Supreme Court · Filed January 15, 1881 · 33 La. Ann. 124

Also decided on this docket: La. Ct. App. 2d Cir., March 22, 1955 79 So. 2d 356; La. Ct. App. 1st Cir., April 15, 1981 398 So. 2d 95; La. Ct. App. 1st Cir., June 30, 1970 239 So. 2d 664; La. Ct. App. 1st Cir., September 30, 1953 67 So. 2d 337

Opinion text

On Motion to Strike Out. The opinion of the Court was delivered by Bermudez, C. J. The motion made to strike from the transcript documents which are alleged to have never been offered in evidence, is without precedent, and cannot be entertained at the present stage. "When the case will be on trial on its merits, whatever the same may be, it will be time enough for the mover to call the attention of the Court to their improper insertion, and to object to their being given any effect. We would otherwise be called upon unnecessarily to examine twice cases which should receive our consideration only once, and we would, •therefore, be uselessly and onerously taxed. It is, therefore, ordered that the motion be declined without prejudice to the right of parties to act as suggested on the trial of the case x>n its merits.