Landry v. Poirrier

Supreme Court of Louisiana
Landry v. Poirrier, 135 La. 731 (La. 1914)
66 So. 163; 1914 La. LEXIS 1837
Monroe

Landry v. Poirrier

Opinion of the Court

MONROE, C. J.

The usual order having been made for the review of the judgment rendered in the above-entitled suit, and the record having been forwarded to this court, the plaintiffs now appear and move that the order be recalled and this proceeding dismissed for the reason that the application was not verified by affidavit, as required by law, and that the order was therefore improvidently granted. The fact being as stated, the motion must be sustained. Constitution, art. 101; Act 191 of 1898, § 2; Landry & Son v. Labarre et al., 125 La. 714, 51 South. 697; Coignet v. Nelson, 128 La. 420, 54 South. 925. The order heretofore made in this case is therefore recalled and rescinded, and this proceeding is dismissed, at the cost of the applicant.

Reference

Full Case Name
LANDRY v. POIRRIER In re WHITNEY-CENTRAL TRUST & SAVINGS BANK
Cited By
7 cases
Status
Published
Syllabus
(Syllabus by the Oourt.) Appeal and Error (§ 361*) — Writ op Error — Verification op Application — Dismissal. Where an application for a writ of review, under article 101 of the Constitution, is not verified by affidavit, as required by act 191 of 1898, | 2, the order for the writ will be rescinded, on motion, as having been improvidently made, and the proceeding dismissed, at the cost of the applicant. [Ed. Note. — For other cases, see Appeal and Error, Cent. Dig. §§ 1941-1959; Dec. Dig. § 361.*]