Colomb v. Rolling

Citations

• 106 La. 37

Syllabus

<p>Syllabus.</p> <p>1. The rule of this court, requiring a litigant, who is cast in the Court of Appeal, to apply there for rehearing and have his application finally passed upon and refused before invoking at the hands of this court its writ of review, will be strictly enforced.</p> <p>2. In obeying the writ of this court and sending up the record of a cause for review, it is competent for the judges of the Courts of Appeal, if they see proper, in the interest of the orderly discharge of the public business pertaining to their courts, to submit a return in writing to the writ.</p> <p>3. For instance, if no application for rehearing in the Court of Appeal has been made, in a given cause decided by that court, prior to application here for the writ of review, it is proper for the Court of Appeal, in sending up the record of the case, to call attention to that fact.</p>