Reneau v. Brown

Louisiana Court of Appeal

Reneau v. Brown

8 La. App. 474, 1928 La. App. LEXIS 143

CourtLouisiana Court of Appeal

DecidedJune 18, 1928

DocketNo. 11,292

StatusPublished

Cited by1 cases

This text of 8 La. App. 474 (Reneau v. Brown) 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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Reneau v. Brown, 8 La. App. 474, 1928 La. App. LEXIS 143 (La. Ct. App. 1928).

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Opinion

WESTERFIELD, J.

The judgment appealed from is not signed.

Appellant obtained an order from this Court, in response to which a certified copy of the minutes of court have been presented wherein appears the words (referring to the judgment in question):

“Judgment read, rendered and signed in open Court, this 16th day of December, 1927.”

This minute entry is relied on to save the situation for appellant because, it is claimed, it is proof that the judgment was signed.

But the original judgment is before us. It contains the identical words we have quoted, and it hears no signature. It is evident that the minute entry is erroneous and written in the stereotyped form which assumes the signing of the judgment as a matter of course.

The appeal must be dismissed. La. Digest, Verbo Appeal, Vol. 1, page 336; Tally vs. Conservation Commission, 3 La. App. 623.

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