MAREK v. McHARDY

No. 42937.

98 So.2d 207 (1957)

233 La. 835

Dr. Frank H. MAREK v. Dr. G. Gordon McHARDY et al.

Supreme Court of Louisiana.

November 12, 1957.


Attorney(s) appearing for the Case

Carmouche & Martin, by Ernest G. LaFleur, Jr., Lake Charles, for plaintiff-appellant.

Dufour, St. Paul, Levy & Marx, John St. Paul, Jr., New Orleans, for defendants-appellees.


FOURNET, Chief Justice.

This case is before us for the second time on appellee's motion to dismiss the appeal. The first motion was denied on the finding that the failure to issue citation of the appeal was the fault of the district clerk of court, whose mandatory duty it was to issue the citations as prayed for, and not attributable to the fault of appellant or his counsel, as alleged in the motion. See, 231 La. 505,

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