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7 La. 450

Dufour v. Lombard

Supreme Court of Louisiana

Decided April 15, 1844

Supreme Court of Louisiana · decided 1844-04-15

<p>Where there is no statement of facts, assignment of error, or hill of exceptions, and the record shows that it does not contain all the evidence upon which the ease was tried below, the appeal must be dismissed.</p>

Decided 1844-04-15

Martin, J.

¶1The dismissal of the appeal is asked on an averment that the transcript does not enable us to revise the judgment.

¶2We have a certificate from the Judge, and another of the clerk. The first attests, that the transcript contains all the evidence adduced, except such as is mentioned in the clerk’s certificate ; and we are informed by the clerk, that the transcript contains all the evidence, except that mentioned in the minutes of evidence.

¶3It is clear, that some of the evidence is not before us, and we cannot revise the judgment without being in possession of every part of the evidence on which it was given. There is no statement of facts. Our attention has not been called to any part of the record, by any assignment of error or bid of exceptions.

¶4The appeal must, therefore, be dismissed.

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