Mackin v. Wilds

Citations

• 106 La. 1

Syllabus

<p>Syllabus.</p> <p>1. It is error to apply, in one motion, for appeals from two judgments rendered in separate suits, and error to include the granting of the two appeals in one order, and error to attempt to make one bond suffice for both appeals. There should be a separate motion, order and bond in each case.</p> <p>2. But because there was error in the way these appeals are sought to be brought up it does not follow that both should be dismissed. The motion, order and bond suffice for one appeal, and it is held, under the facts appearing and the state of the record, that an appeal from only one of the judgments has really been taken herein, which appeal is maintained.</p> <p>S. Where a minor is concerned, there can be no consent decree ordering the partition of property by licitation.</p> <p>4. There must be proof adduced before the judge that the property is indivisible by its nature, or else that it cannot be conveniently divided in kind, before he is authorized to order its sale at auction to effect partition.</p> <p>On Rehearing.</p> <p>It is the duty of clerks of the District Court, in all cases, whether the testimony itself be taken down in writing, or not, to make upon their minutes a note of the fact of the swearing of witnesses (and giving their names) to the end of perpetuating the evidence of that fact, and not leaving it to rest upon memory.</p>