Reports of Cases Argues and Determined in the Supreme Court of the State of Louisiana Volume 2

Reports of Cases Argues and Determined in the Supreme Court of the State of Louisiana Volume 2

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1832 edition. Excerpt: ... record having been prevented from being timely returned, by an event beyond the appellant's control, and on due proof being made of this event.--Code of Practice 883. In the present case, no evidence was offered of such an event, and the original order made the appeal returnable to the first Monday in January; allowing sixty odd days. The, . appellant suffered fifty odd days to elapse before he dreamed to give bond. Till this was done, nothing authorized the clerk to prepare citations or a transcript. To this circumstance it was owing that there was no time left to serve the citations, and no other. The appellant's counsel has urged, that the judgment was signed too soon; i. e. on the day it was rendered, and it has not yet become final: --that it was never notified to the party; and the district judge had the right of prolonging the return day. Judgments in the district courts bear date of the day on which they are rendered. In signing them three days after, the judge seldom adds a date to his signature. Sometimes he signs before the expiration of the three days. His signature does not prevent a mot on for a new trial within that period, though it does afterwards, although affixed prematurely; and the judgment becomes final, in the lower court, by the lapBe of the three days. Eastern District jf tne judgment be not final, this is rather a reason to de Jipyil 1831....-it land than to reject a dismissal. -A--ojt- The service or notification of a judgment is necessary to Stanley Et ii. prevent a prayer for a suspensive appeal being made too late, If the appellant for no olher Purpose, does not comply We think the compliance with the condition on which the with the condition, ... upon which the appeal is allowed, i. e. giving bond, more

Product details

  • Paperback | 222 pages
  • 189 x 246 x 12mm | 404g
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236537416
  • 9781236537416