State ex rel. Guarneri v. Rost

Citations

• 52 La. Ann. 984

Syllabus

<p>Syllabus.</p> <p>1. A district court has jurisdiction on an appeal to it from a judgment of a justice of the peace to pass upon the nullity of the judgment appealed from when the nullity is apparent on the face of the record where the subject matter of the suit itself falls within the appellate jurisdiction of the district court. (C. r., 609.)</p> <p>The mere correctness of the conclusions of that court as to the nullity of the judgment can not be tested in the Supreme Court under its supervisory powers and a writ of certiorari. Certiorari is not a substitute for an appeal. (State ex rel. Breckenridge Lumber Co. vs. Tully, 48th Ann., 1533, and authorities cited.)</p> <p>2. where, under a writ of certiorari it is sought to have a judgment of a district court set aside for alleged nullities in the proceedings, there is reason to believe that the minutes of that court as made up are incomplete or erroneous, the Supreme Court will suspend action until the parties shall, by proper proceedings in the district court, have had opportunity to amend or reform the minutes.</p> <p>Where the minutes of the district court in the matter of an appeal to that court from a judgment of a justice court in favor of a plaintiff, shows an affirmance of the judgment below, but fails to show that any evidence was taken on the trial of the cause, the judgment of the district court will be set aside bn certiorari.</p>