Harrison v. Soulabere

Citations

• 52 La. Ann. 707

Syllabus

<p>Syllabus.</p> <p>1. It is permissible to cumulate the revocatory action and that en declaration de simulation in the same petition, provided it be done by distinct alternative allegations. Otherwise, the two demands will be hold inconsistent.</p> <p>2. The effect of the clerk’s certificate, appended to the transcript, that the latter contains all the evidence adduced upon the trial, is to obviate the necessity of a statement of facts, or assignment of errors, and precludes dismissal of the appeal.</p> <p>3. where such a certificate appears and yet no testimony or evidence of any kind is found in the record to support the judgment rendered in favor of plaintiff, the same must be avoided and one of non-suit entered, or else the cause be remanded. '</p>