Clement v. Breaux

Citations

• 115 La. 78
• 38 So. 900
• 1905 La. LEXIS 618

Syllabus

<p>APPEAL — DISMISSAL OP ACTION — EEVIEW.</p> <p>In the absence of the plaintiff, the case cannot be tried, but must be dismissed as in case of nonsuit. Where a case has been so dismisssed, and is appealed, the only questions which can be considered on the appeal are, first, as to the regularity of the proceedings for appeal, and, second, as to whether plaintiff made default or not in the trial court. The merits of the ease cannot be considered.</p> <p>(Syllabus by the Court.)</p>