No. 350 Precedential Dismissed Processed

Mayor of Carrollton v. Magee

Louisiana Supreme Court · Filed May 15, 1867 · 70 La. Ann. 261

Also decided on this docket: La. Ct. App. 1st Cir., November 10, 1928 119 So. 472; La., July 15, 1872 24 La. Ann. 524; La. Ct. App. 4th Cir., March 12, 1962 138 So. 2d 618; La. Ct. App. 3d Cir., December 11, 1961 136 So. 2d 275

Opinion text

Labauye, J. These three cases are all contained in one single transcript, forming but one record, and one appeal, and the certificate of the clerk of the inferior Court, appended to said record, states and certifies: “That the foregoing forty pages contain a full and complete transcript of the documents therein contained, offered and on file in the matter of Oily of Carrollton v. J. M. Magee, D. M. Hollingsworth and Mrs. Settoon, Nos. 1830, 1831 and 1832 of the docket of this Oourt.” This certificate does not show that the record contains all the evidence adduced, and the record contains no statement of facts, no exception to the opinion of the Judge, nor special verdict, and the appellant has not filed in this Oourt an assignment of error of law apparent on the face of the record. We cannot examine the case on its merits, and we must dismiss the appeal. C. P. Art. 897. 6 L. 144 , 157, 209. 1 R. 460 . 4R. 147. The appeal is dismissed, at the costs of the appellant.