State ex rel. Periou v. Foster

Citations

• 106 La. 195

Syllabus

<p>Syllabus.</p> <p>A judge has the right on the presentation to him for signature of a bill of exceptions taken to his rulings to assign his grounds for the rulings. This right is not cut off by the provisions of Act No. 113 of 1896. If the judge in this assignment makes unauthorized recitals, the appellate court can disregard them. (State vs. Nash and Barnett, 46 Ann. 214; 48 Ann. 1491; 49 Ann. 283, 704; 50 Ann. 694; 51 Ann. 731; 52 Ann. 605, 2058 ; 104 La. 65, 164.)</p> <p>Counsel who decline to have filed a bill of exceptions signed by the judge, unless signed by him without an assignment of the grounds for his actions and such statements as he deems legal and necessary to sustain the same, cannot have the judge compelled to sign the bill as presented.</p>