Succession of St. Dizier

Supreme Court of Louisiana

Succession of St. Dizier

61 So. 727, 132 La. 657, 1913 La. LEXIS 1918

Supreme Court of Louisiana·Decided March 31, 1913·No. No.. 19,429·Published·Cited by 1 cases

Opinions

On Motion to Dismiss.

BREAUX, C. J.

[1] There are pleadings and testimony missing from the transcript. On that ground, counsel for the appellee has filed a motion asking that the appeal be dismissed.

The motion was filed over three days after the transcript was filed, and over three days after the first motion was made to fix the case for hearing.

The appeal might be dismissed if the transcript be so entirely defective as to amount [660] to an impossibility to decide the issues of the case, but not on appellee’s motion, not timely filed.

The motion to dismiss is overruled.

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On Motion to Dismiss.

BREAUX, C. J.

[1] There are pleadings and testimony missing from the transcript. On that ground, counsel for the appellee has filed a motion asking that the appeal be dismissed.

The motion was filed over three days after the transcript was filed, and over three days after the first motion was made to fix the case for hearing.

The appeal might be dismissed if the transcript be so entirely defective as to amount [660] to an impossibility to decide the issues of the case, but not on appellee’s motion, not timely filed.

The motion to dismiss is overruled.

Succession of St. Dizier, 61 So. 727, 132 La. 657, 1913 La. LEXIS 1918 (La. 1913).

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