Fletcher v. Ozone Lumber Co.

Citations

• 123 La. 514
• 49 So. 158
• 1909 La. LEXIS 735

Syllabus

<p>1. Certiorari (§ 64*) — Review—Scope.</p> <p>In reviewing a judgment of the Court oí Appeal, under article 101 of the Constitution, this court will confine its inquiry to the causes of complaint set forth in the petition of the applicant, and will not extend such inquiry to matters suggested in the brief of counsel, but not so set forth.</p> <p>[Ed. Note. — For other cases, see Certiorari, Cent. Dig. § 174; Dec. Dig. § 64.*]</p> <p>2. Appeal and Error (§ 659*) — Incomplete Record — Certiorari.</p> <p>Where the record of a case, appealed to a Court of Appeal, is incomplete by reason of the absence therefrom of testimony which was not reduced to writing, and so preserved, the trouble cannot be remedied by writ of certiorari.</p> <p>[Ed. Note. — For other cases, see Appeal and Error, Cent. Dig. § 2834; Dec. Dig. § 659.*]</p> <p>3. Appeal and Error (§ 548*) — Statement of Facts.</p> <p>Where, in an appealable case, on confirmation of default only part of the testimony is reduced to writing, the result is the same as though none of it had been so preserved, in that on the appeal a statement of facts is called for.</p> <p>[Ed. Note. — For other cases, see Appeal and Error, Cent. Dig. § 2433; Dec. Dig. § 548.*]</p> <p>4. Appeal and Error (§ 552*) — Statement of Facts — Sufficiency.</p> <p>A statement of facts, prepared by the trial judge, is not technically incomplete because, in the opinion of the appellate court, the facts stated may be insufficient to support the judgment appealed from.</p> <p>[Ed. Note. — For other cases, see Appeal and Error, Cent. Dig. § 2459; Dec. Dig. § 552.*]</p> <p>5. Appeal and Error (§ 657*) — Question of Fact in Appellate Court — Order for Evidence to be Taken ,t.n Lower Court.</p> <p>AVhere an issue of fact is presented in the Appellate Court upon the question whether the statement of facts by the trial judge was prepared after the refusal of the appellee to join in such statement, or without notice to the appellee, it may be proper in som