Lacoste v. Handy

<p>The Code of Practice forbids the dismissal of an appeal for any defect or irregularity in the certificate of the clerk, and therefore when he had omitted to certify that the record contains all the documents filed, it is not ground for the.dismissal of the appeal.</p> <p>If the record is incomplete in not containing certain court records, introduced in evidence by the appellees and movers, and the lower clerk was in fact never furnished with copies of such records by the party who introduced them, but they were offered in evidence merely by giving the clerk the title and number of the suit or record, it is not the appellant’s fault nor the clerk’s fault that they are not in the record, but it is the fault of the appellee, and he cannot profit by it.</p> <p>Fraud consists in the artifices by which one party induces an error in the mind of another, bearing on a material part of the contract, with the view of giving an advantage over or causing a loss to that other. It is not an absolute vice of consent, like error or violence, nor does it affect the validity of a contract, if practiced by a third person without the knowledge of the party who benefits by it, but in such case the injured party has his action in damages against the practicar of the fraud.</p>