Barton v. Burbank

Citations

• 119 La. 224
• 43 So. 1014
• 1907 La. LEXIS 461

Syllabus

<p>1. Appeal — Hearing—Stay—Death oe Party.</p> <p>The death of the defendant, in a proceeding via executiva, who has not been made party to an injunction suit, staying the writ, or to the appeal from the judgment therein, affords no ground for staying the hearing of such suit in this court.</p> <p>2. Same — Motion to Dismiss.</p> <p>A motion to dismiss an appeal for incompleteness of the transcript and insufficiency of the clerk’s certificate cannot be entertained if filed after the lapse of three judicial days from the day upon which the transcript should be filed.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig: yol. 3, Appeal and Error, § 3153.]</p> <p>3. Same — Remand—Loss of Record.</p> <p>When a material part of the record, or the evidence adduced, has been lost, through no fault of the appellant, and he is unable, for that reason, to bring up a transcript upon which this court can review the judgment appealed from, the case will be remanded to be tried de novo.</p> <p>(Syllabus by the Court.)</p>