Rosetta Gravel Paving & Improvement Co. v. Kennedy

Citations

• 51 La. Ann. 1535
• 26 So. 468
• 1899 La. LEXIS 591

Syllabus

<p>Syllabus.</p> <p>1st. Writ or Certiorari or Review. — The Court of Appeals held that the case came to it on appeal under the Constitution of 3879, and could not be reviewed by it save on the issues presented by a statement of facts, bill of exceptions or assignment of errors. The Supreme Court held that the question not reviewed by that court, had not been noted in the manner required by statute No. 102 of 3877; and, further, that it would not, on an applies tion for certiorari or review, disturb the court’s decision, in which it held properly, that a bill of exception should have been taken reserving the questions of law of which that court had jurisdiction.</p> <p>2nd. The Ruling of the District Court. — ®r industria the court reviewed the action of the District Court excluding evidence offered by defendant and concluded that it afforded no ground for issuing the writ of certiorari and review.</p> <p>Srd. Prescription. — The prescription invoked is prescription favorable to the city, and not one for the benefit of abutting proprietors. The plea was properly overruled.</p>