State ex rel. Widow Anseline v. Clerk of the Second District Court

Supreme Court of Louisiana

State ex rel. Widow Anseline v. Clerk of the Second District Court

22 La. Ann. 585

CourtSupreme Court of Louisiana

DecidedNovember 15, 1870

DocketNo. 2898

StatusPublished

This text of 22 La. Ann. 585 (State ex rel. Widow Anseline v. Clerk of the Second District Court) 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

State ex rel. Widow Anseline v. Clerk of the Second District Court, 22 La. Ann. 585 (La. 1870).

Pincite

Opinion

Ludeling, C. J.

The appeal bond having been given according to law, the clerk should have delivered the transcript to the appellant. He had no right to exact payment of the cost, or additional security from the appellant, as a condition precedent to the delivery of the transcript of appeal.

As it was owing to the fault of the clerk that the transcript of appeal was not filed, in due time, in the Supreme Court, it is ordered that the return day be extended to the second of January, 1871; that the mandamus be made peremptory, and that the defendant pay costs of this proceeding.

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Ludeling, C. J.

The appeal bond having been given according to law, the clerk should have delivered the transcript to the appellant. He had no right to exact payment of the cost, or additional security from the appellant, as a condition precedent to the delivery of the transcript of appeal.

As it was owing to the fault of the clerk that the transcript of appeal was not filed, in due time, in the Supreme Court, it is ordered that the return day be extended to the second of January, 1871; that the mandamus be made peremptory, and that the defendant pay costs of this proceeding.

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Bluebook (online)

22 La. Ann. 585, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-widow-anseline-v-clerk-of-the-second-district-court-la-1870.