Immanuel Presbyterian Church v. Riedy

Citations

• 104 La. 314

Syllabus

<p>Syllabus.</p> <p>1. A district judge has authority during vacation, and before an appeal is completed, to modify an order of appeal granted on motion in open court, by reducing the amount of bond fixed therein for an appeal. Appellant could furnish the bond for a devolutive appeal at any time falling within the terms of the order of appeal.</p> <p>Z. The fact that the district judge may have fixed too low the amount for a bond for a devolutive appeal furnishes no ground for the dismissal of an appeal.</p> <p>The remedy is to have the amount for the bond increased by proper proceedings in the lower court.</p> <p>3. An appeal ought not to be dismissed as a general thing on a motion made in limne on account of an alleged defective condition of the transcript. It is possible it might, in its actúa! condition, properly contain enough data, properly certified, to enable the court to pass upon issues raised in the trial court sufficient in character to work either a final reversal of the judgment, or a remanding of the case. The court cannot anticipate what the issues involved are. (48 Ann. 715 ; 49 Ann. 1786 ; 50 Ann. 714; 51 Ann. 633.) If, upon examination, the record be found insufficient, the appeal will be either dismissed, or the judgment affirmed.</p> <p>4. The fact that the elerli on making out a transcript may have inserted therein matters which should not properly be there, or should, without authority, have pasted original documents to the record, should not cause the rejection of the appeal, but the ignoring and rejection of such documents or papers. (Succession of Kortier, 51 Ann.)</p> <p>5. The practice of omitting from the record documents filed in evidence and sending them up in the original, is without authority to rest upon. The district judge is without authority by an e® parte order, to vary the law touching what should be inserted in or sent up on appeal dehors the transcript.</p> <p>The law requires documents and evidence to be filed and on appeal