Miller v. Plaquemines Parish Democratic Exec. Comm.

Louisiana Court of Appeal

Miller v. Plaquemines Parish Democratic Exec. Comm.

15 So. 2d 782

CourtLouisiana Court of Appeal

DecidedDecember 10, 1943

DocketNo. 18092.

StatusPublished

Cited by1 cases

This text of 15 So. 2d 782 (Miller v. Plaquemines Parish Democratic Exec. Comm.) 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.

Bluebook

Miller v. Plaquemines Parish Democratic Exec. Comm., 15 So. 2d 782 (La. Ct. App. 1943).

Pincite

Opinion

On December 8, 1943, at the instance of counsel for the plaintiff in this proceeding, we issued a rule nisi ordering Clarence T. Kimble, Acting Clerk of the 25th Judicial District Court for the Parish of Plaquemines, to show cause why the original record in this suit should not be sent up to this Court immediately. This rule was made returnable Friday, December 10, 1943, at 10:30 A.M., at which time Leander H. Perez appeared as counsel for the said clerk and filed a return which, in substance, declared that the failure of the clerk to complete the record and to forward it to this Court was due entirely to the fault of the appellant in that he failed to pay or make arrangements for payment of stenographer's fees in connection with the preparation of the transcript of evidence taken on the trial below, and there is attached to the Clerk's return a certificate of Ferdinand E. Zimmer, the sworn official Court Reporter, to that effect.

No appearance was made on behalf of Charles Miller, plaintiff in rule, and no objection has been made to or criticism of the Clerk's return by any interested party. The unquestioned explanation of the clerk of his failure to complete the record is sufficient to justify his action in the premises. See Bentley v. Barrett, La.App., 144 So. 187 and many other cases.

For the reasons assigned the rule heretofore issued by us will be discharged.

JANVIER, J., absent. *Page 783

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

On December 8, 1943, at the instance of counsel for the plaintiff in this proceeding, we issued a rule nisi ordering Clarence T. Kimble, Acting Clerk of the 25th Judicial District Court for the Parish of Plaquemines, to show cause why the original record in this suit should not be sent up to this Court immediately. This rule was made returnable Friday, December 10, 1943, at 10:30 A.M., at which time Leander H. Perez appeared as counsel for the said clerk and filed a return which, in substance, declared that the failure of the clerk to complete the record and to forward it to this Court was due entirely to the fault of the appellant in that he failed to pay or make arrangements for payment of stenographer's fees in connection with the preparation of the transcript of evidence taken on the trial below, and there is attached to the Clerk's return a certificate of Ferdinand E. Zimmer, the sworn official Court Reporter, to that effect.

No appearance was made on behalf of Charles Miller, plaintiff in rule, and no objection has been made to or criticism of the Clerk's return by any interested party. The unquestioned explanation of the clerk of his failure to complete the record is sufficient to justify his action in the premises. See Bentley v. Barrett, La.App., 144 So. 187 and many other cases.

For the reasons assigned the rule heretofore issued by us will be discharged.

JANVIER, J., absent. *Page 783

Cite This Page — Counsel Stack

Bluebook (online)

15 So. 2d 782, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-plaquemines-parish-democratic-exec-comm-lactapp-1943.

Opinion

Related

Cite This Page — Counsel Stack