No. 4139 Precedential Processed

Pleasant Hill Motor Co. v. Haire

Louisiana Court of Appeal, First Circuit · Filed March 16, 1932 · 140 So. 129

Also decided on this docket: La. Ct. App. 1st Cir., March 20, 1956 86 So. 2d 404; La. Ct. App. 1st Cir., February 16, 1932 139 So. 497; La. Ct. App. 1st Cir., March 11, 1907 4 Teiss. 213

Opinion text

PALMER, J. When this case was reached on the calendar, counsel for defendant made no appearance. Defendant now asks for the privilege of filing a motion to dismiss the appeal and accompanies it with an affidavit of his attorney, averring that through an error of the district clerk his name was not listed ás defendant’s attorney when this record was prepared for the Court of Appeal, but, instead, the name of another attorney was given, and that on account of that error defendant was not represented at the hearing in this court and had no opportunity of filing this motion before the case was submitted. Under these circumstances, we have concluded to return this case to the calendar to be refixed for argument.