Conery v. His Creditors

Supreme Court of Louisiana

Conery v. His Creditors

40 So. 863, 116 La. 535, 1906 La. LEXIS 530

CourtSupreme Court of Louisiana

DecidedApril 9, 1906

DocketNo. 16,035

StatusPublished

Cited by2 cases

This text of 40 So. 863 (Conery v. His Creditors) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Conery v. His Creditors, 40 So. 863, 116 La. 535, 1906 La. LEXIS 530 (La. 1906).

Pincite

Opinion

PROYOSTY, J.

The motion to dismiss is based on the ground that the transcript is incomplete, as is shown by the certificate attached to it.

Although advised of the existence of the defect by the motion to dismiss, appellant did nothing to correct it until after the case had been submitted, when he obtained a certiorari, granted, as is the practice, without prejudice to the rights of the appellee. Under this certiorari the transcript has now been perfected, but appellee insists that this tardy perfecting comes too late; and to that effect seems to be the settled jurisprudence. Hoover’s Heirs v. York, 33 La. Ann. 652; Radovich v. Frigerio, 27 La. Ann. 68; Succession of Clew, 18 La. Ann. 229; Charbonnet v. Dupassan, 27 La. Ann. 105; Gillontet v. Marcelin, 7 La. Ann. 443.

The court will not go into a study of the case to find out whether the case might not be tried without the missing documents. Litigants must observe the rules of practice. In the case of Trudeau v. R. R. Co., 15 La. Ann. 717, cited by appellee, where the court permitted the record to be completed after submission of the case, it will be found by reference to the transcript in the case, which is No. 6,732 of this court, that not only the clerk’s certificate was full and complete, but that the appellee had joined in the appeal.

Appeal dismissed.

Free access — add to your briefcase to read the full text and ask questions with AI

PROYOSTY, J.

The motion to dismiss is based on the ground that the transcript is incomplete, as is shown by the certificate attached to it.

Although advised of the existence of the defect by the motion to dismiss, appellant did nothing to correct it until after the case had been submitted, when he obtained a certiorari, granted, as is the practice, without prejudice to the rights of the appellee. Under this certiorari the transcript has now been perfected, but appellee insists that this tardy perfecting comes too late; and to that effect seems to be the settled jurisprudence. Hoover’s Heirs v. York, 33 La. Ann. 652; Radovich v. Frigerio, 27 La. Ann. 68; Succession of Clew, 18 La. Ann. 229; Charbonnet v. Dupassan, 27 La. Ann. 105; Gillontet v. Marcelin, 7 La. Ann. 443.

The court will not go into a study of the case to find out whether the case might not be tried without the missing documents. Litigants must observe the rules of practice. In the case of Trudeau v. R. R. Co., 15 La. Ann. 717, cited by appellee, where the court permitted the record to be completed after submission of the case, it will be found by reference to the transcript in the case, which is No. 6,732 of this court, that not only the clerk’s certificate was full and complete, but that the appellee had joined in the appeal.

Appeal dismissed.

Cite This Page — Counsel Stack

Bluebook (online)

40 So. 863, 116 La. 535, 1906 La. LEXIS 530, Counsel Stack Legal Research, https://law.counselstack.com/opinion/conery-v-his-creditors-la-1906.

Opinion

Related

Cite This Page — Counsel Stack