Davis v. Daugereau

Louisiana Court of Appeal

Davis v. Daugereau

6 La. App. 456, 1927 La. App. LEXIS 139

DecidedJune 28, 1927

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This text of 6 La. App. 456 (Davis v. Daugereau) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Davis v. Daugereau, 6 La. App. 456, 1927 La. App. LEXIS 139 (La. Ct. App. 1927).

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Opinion

MOUTON, J.

Appellee moved to dismiss this appeal because it was filed too late; and, in the alternative, because the testimony was not in the record. We held the record had been filed in time, but returned it to the clerk at Leesville for completion by filing the evidence.

The record was sent by the clerk at Leesville to Lake Charles for our term held there in March of this year. Appellee again filed a motion to dismiss, contending that the clerk had not complied with our order by filing the evidence in the record. We then ordered the clerk at Leesville that he complete the record and file it within fifteen days from the date of that order. The record has been returned by said clerk, but the evidence is not in the record, and the order of this court has not been complied with. The record being incomplete, the motion to dismiss must prevail.

It is therefore ordered and decreed that the appeal be and is hereby dismissed at appellant’s cost.

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MOUTON, J.

Appellee moved to dismiss this appeal because it was filed too late; and, in the alternative, because the testimony was not in the record. We held the record had been filed in time, but returned it to the clerk at Leesville for completion by filing the evidence.

The record was sent by the clerk at Leesville to Lake Charles for our term held there in March of this year. Appellee again filed a motion to dismiss, contending that the clerk had not complied with our order by filing the evidence in the record. We then ordered the clerk at Leesville that he complete the record and file it within fifteen days from the date of that order. The record has been returned by said clerk, but the evidence is not in the record, and the order of this court has not been complied with. The record being incomplete, the motion to dismiss must prevail.

It is therefore ordered and decreed that the appeal be and is hereby dismissed at appellant’s cost.

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6 La. App. 456, 1927 La. App. LEXIS 139, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-daugereau-lactapp-1927.