Dauchite Lumber Co. v. Lane & Bodley Co.

Citations

• 52 La. Ann. 1937

Syllabus

<p>Syllabus.</p> <p>Ox Motion to Remand.</p> <p>1. Where the record of a cause, or material part of the same, is lost and the appellant, through no fault or negligence on his part, is unable to bring up the case so that the merits thereof on appeal may be examined, the cause 'will be remanded for a new trial.</p> <p>2. But an order is made directing the clerk of the District Court to continue his search ior the missing papers for a period of thirty days, and only in the event of not finding same in that time is the decree avoiding the judgment and ordering a new trial to be effective.</p> <p>3. District judges admonished as to the necessity for adopting and enforcing stringent rules relative to the safe and orderly keeping of records, and suggestions on this line made.</p> <p>On the Merits.</p> <p>Where the sheriff issues notice that he has seized a certain parcel of land, which he describes, together with the improvements thereon, and advertises the property, as thus described, for sale, an injunction will lie at the instance of any third person, claiming ownership and possession, to prevent the sale oí another and distinct parcel of land, not included in the description, although the improvements on the latter may correspond to such description.</p>