Landry v. Ramos Lumber & Mfg. Co.

Citations

• 124 La. 599
• 50 So. 593
• 1909 La. LEXIS 506

Syllabus

<p>1. Certiorari (g 39*) — Time for Application —Effect of Failure to Apply in Time.</p> <p>Unless the application for the review of a judgment rendered by a Court of Appeal be made within the time allowed by article 101 of the Constitution (that is to say, within 30 days after the rendition and entry of the judgment refusing a rehearing), this court is prohibited from exercising such jurisdiction.</p> <p>2. Certiorari (§ 39*) — Time for Application-Commencement of Running.</p> <p>The delay within which an application for the review of a judgment rendered by a Court of Appeal must be made begins to run from the rendition and entry of the judgment in the Court of Appeal, and not from the date upon which such judgment may be filed in the district court.</p> <p>3. Certiorari (§ 66*) — Review — Presumption.</p> <p>Where, upon the face of the record, it appears that a judgment was rendered by a Court of Appeal on a particular day, and was filed on that day by the clerk of the court, it will be presumed, in the absence of any suggestion to the contrary, that it was entered upon the minutes on the same day.</p> <p>(Syllabus by the Court.)</p>