Horsthemke v. National Surety Co.

Supreme Court of Louisiana

Horsthemke v. National Surety Co.

91 So. 544, 151 La. 55, 1921 La. LEXIS 1581

CourtSupreme Court of Louisiana

DecidedJune 15, 1921

DocketNo. 24680

StatusPublished

Cited by4 cases

This text of 91 So. 544 (Horsthemke v. National Surety Co.) 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

Horsthemke v. National Surety Co., 91 So. 544, 151 La. 55, 1921 La. LEXIS 1581 (La. 1921).

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Opinions

On Motion to Dismiss.

PROVOSTY, J.

[1] The plaintiff in this suit having heretofore obtained a judgment against the New Orleans Railway & Light Company, brought the present suit against the defendant, surety on the bond of said New Orleans Railway & Light Company. On the trial of the present suit the evidence taken in the former suit was offered in evidence. This evidence was left out of the transcript in the present suit for the reason that it was already on file in this court in the transcript of the appeal in the former suit. The transcript in the present suit was filed in this court on the 21st of May. On the 24th, the appellee moved to dismiss the appeal, on the ground that, although the transcript was certified by the clerk of the trial court to contain all the evidence adduced on the trial of the case, it did not, as a matter of fact, contain this evidence taken in the former suit. On the 26th of May, before counsel for appellant had had any notice of this motion to dismiss, he obtained leave of this court to consolidate the transcripts of the two cases. This had the effect of perfecting the transcript.

The motion to dismiss is denied.

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On Motion to Dismiss.

PROVOSTY, J.

[1] The plaintiff in this suit having heretofore obtained a judgment against the New Orleans Railway & Light Company, brought the present suit against the defendant, surety on the bond of said New Orleans Railway & Light Company. On the trial of the present suit the evidence taken in the former suit was offered in evidence. This evidence was left out of the transcript in the present suit for the reason that it was already on file in this court in the transcript of the appeal in the former suit. The transcript in the present suit was filed in this court on the 21st of May. On the 24th, the appellee moved to dismiss the appeal, on the ground that, although the transcript was certified by the clerk of the trial court to contain all the evidence adduced on the trial of the case, it did not, as a matter of fact, contain this evidence taken in the former suit. On the 26th of May, before counsel for appellant had had any notice of this motion to dismiss, he obtained leave of this court to consolidate the transcripts of the two cases. This had the effect of perfecting the transcript.

The motion to dismiss is denied.

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Bluebook (online)

91 So. 544, 151 La. 55, 1921 La. LEXIS 1581, Counsel Stack Legal Research, https://law.counselstack.com/opinion/horsthemke-v-national-surety-co-la-1921.

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