Penn v. Evans , 28 La. Ann. 576 ( 1876 )

On Motion to Dismiss.

Howell, J.

A motion is made to dismiss the appeal in this case on the ground that the certificate appended to the transcript is not signed by the clerk.

This is not a cause of dismissal, being the result of the negligence of the clerk, but until the record is complete wo can not properly dispose of the appeal. C. P., article 898.

It is therefore ordered that the motion to dismiss be denied, and that the case bo continued in order to complete the certificate of the clerk.