Moore v. Gibson

Decided January 15, 1834

Supreme Court of Louisiana · decided 1834-01-15

The defendant, Gibson, presented his petition, denying that the formalities of the law had been pursued in obtaining the order of seizure, and demanding the rescission of the sale, on the ground of error, induced by the vendor; and obtained an injunction, staying proceedings on the order of seizure and sale. To this demand, and the other allegations of the defendant, the original plaintiff, Moore, pleaded a general denial.

Decided 1834-01-15

Martin, J.,

¶1delivered the opinion of the court.

¶2The appeal in this case must be dismissed, the record or transcript filed in this court by the appellant, is not certified *157as containing all the evidence adduced at the trial. There . is no statement of facts, no bill of exceptions or special ver_ diet, and the appellant has suffered ten days to elapse since the record was filed, without making any assignment of errors. Code of Practice, 586 and 896. 6 Martin, N. S. 127. 3 La. Reports 294.

If the appellant rely on errors, apparent on the face of the record, and fail to make the assignment within the ten days next following that of filing the transcript of the record, the appeal will be dismissed.

¶3It is, therefore, ordered, adjudged and decreed, that this appeal be dismissed, with costs.