Thomas v. Goodwin

Citations

• 120 La. 504
• 45 So. 406
• 1907 La. LEXIS 669

Syllabus

<p>1. Courts — Practice—Courts or Appeal.</p> <p>The rules of practice regulating appeals to,, and proceedings in, the Supreme Court, regulate, so far as applicable, appeals to, and proceedings-in, the Courts of Appeal. Const, art. 104.</p> <p>2. Same — Judgment—Rendition.</p> <p>No judgment can be rendered by a Court of Appeal without the concurrence of two. judges. Const, art. 102.</p> <p>3. Appeal — Judgment—Record.</p> <p>No judgment of a Court of Appeal can be received, in evidence until it has been entered upon the records of such court; and no such judgment can be executed until, having been so. entered, it.has also been “recorded in the records of the inferior court” from which the appeal has been brought up, all as provided by Code Prac. arts. 617-620, 623, 910, 915; Rev. St.. § 475; Const, art. 104.</p> <p>4. Same — Signing Judgment.</p> <p>The provision of the Code of Practice contained in part 2 under “Title 1” relate to the-prosecution of civil actions in courts of original jurisdiction, and article 546, requiring the judge-to sign all definitive or final judgments, has no-application to the justices of this court or the judges of the Courts of Appeal, who are not required to sign the judgments participated in, by them.</p> <p>5. Same — Records—Minutes.</p> <p>The minutes of a court of record, whether of original or appellate jurisdiction, should be-approved by the judge, or judges, but the entering of the proceedings of such court in the minute book is the duty of the clerk, who should attest his work with his signature. If, however,, the clerk should fail to sign minutes entered by him when entered, that circumstance does not impair the validity of the entry or disqualify the clerk from certifying to the correctness of copies taken therefrom at a later date.</p> <p>■6. Same — Rendition of Judgment.</p> <p>An opinion ancl decree prepared and signed in chambers by one of the judges of a Court .of Appeal, and filed in such court, together with an uncerti