No. 19,739 Precedential Petition to dismiss appeal denied, and judgment affirmed. Processed

Boyd v. Bradley

Louisiana Supreme Court · Filed December 15, 1913 · 63 So. 883

Cited by

Thevenet v. Clause 302 So. 2d 649 La. Ct. App. 3d Cir. 1974
Manson Realty Company v. Plaisance 196 So. 2d 555 La. Ct. App. 4th Cir. 1967
Broussard v. Louisiana Land and Exploration Co. 164 So. 2d 84 La. Ct. App. 1st Cir. 1964
Broussard v. Wisner 164 So. 2d 99 La. Ct. App. 1st Cir. 1964
Clark v. Richardson 157 So. 2d 325 La. Ct. App. 3d Cir. 1963
Wischer v. Madison Realty Co. 146 So. 2d 819 La. Ct. App. 1st Cir. 1962
Louisiana Canal Co. v. Leger 112 So. 2d 667 La. 1959
Daigle v. Pan American Production Co. 108 So. 2d 516 La. 1958
Lawton v. Anthony 92 So. 2d 747 La. Ct. App. 1st Cir. 1957
Russ v. Stephens 90 So. 2d 501 La. Ct. App. 1st Cir. 1956
Scheller v. Goode 69 So. 2d 96 La. Ct. App. 1st Cir. 1953
Green v. George 35 So. 2d 595 La. 1948

all 26 citing documents »

Authorities cited

Identified automatically; this list may not be exhaustive.

34 La. Ann. 628 not in our corpus
Fuqua v. Chaffe 26 La. Ann. 148
State v. Monasterio 26 La. Ann. 734
Graham v. Rice 23 La. Ann. 393
Tourne v. Mathieu 23 La. Ann. 445
Simmons v. Howard 23 La. Ann. 504
Thomas v. L'Hote 22 La. Ann. 73
Citizens' Bank v. Bringier 22 La. Ann. 118
In re Fazende 35 La. Ann. 1145

Opinion text

SOMMERVILLE, J. There is an unsigned and incomplete petition to dismiss the appeal found in the record, filed more than three days after the transcript of appeal was filed in this court, which comes too late. The petition to dismiss is denied. An examination of the record shows that it contains no bill of exceptions, statement of facts, assignments of errors, or note of evidence. But there is the certificate of the clerk of court showing “that the within, and foregoing 11 pages contain a true and correct transcript of all documents filed (and) proceedings had on the trial of the exception of want of citation filed in the above numbered and entitled cause,” and this is the only requirement found in the record which prevents a dismissal of the appeal. After making the above certificate the clerk of court made an affidavit, which has been filed in this court, setting forth that— “there was testimony taken in the case of Mrs. Leila Boyd, Wife, v. John J. Bradley, Husband, and that same was omitted from the transcript by error or oversight.” But we cannot consider the affidavit as evidence, in view of the fact that it was filed after the motion to dismiss might have been filed; and we cannot base a judgment upon it. No evidence is before us. It is the settled jurisprudence of the state that where a record does not contain a bill of exceptions, statement of facts, assignment of errors, or note of evidence, but a full and complete certificate of the clerk of court, the judgment appealed from will be affirmed, on presumption that the lower court acted on the proper evidence. Code of Practice, 896; Nugent v. Stark, 34 La. Ann. 628 , 631; Hefner v. Hesse, 26 La. Ann. 148 ; State v. De Monasterio, 26 La. Ann. 734 ; *225 Graham v. Rice, 23 La. Ann. 393 ; State v. Campbell, 23 La. Ann. 445 ; Simmons v. Howard, 23 La. Ann. 504 ; Parham v. Ogle, 22 La. Ann. 73 ; Citizens’ Bank v. Bringier, 22 La. Ann. 118 ; In re Fazende & Seixas, 35 La. Ann. 1145 . Judgment affirmed.