SCOGGINS v. JONES

No. 16172-CA.

442 So.2d 1202 (1983)

William H. "Billy" SCOGGINS, Plaintiff-Appellant, v. Cecil JONES; James H. Brown, Secretary of State; Jerry Fowler, Commissioner of Elections et al., Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

Writ Denied December 12, 1983.


Attorney(s) appearing for the Case

Hamilton and Carroll by Donald K. Carroll, Oak Grove, for plaintiff-appellant.

James D. Sparks, Jr., Monroe, Charles L. Little, III, Oak Grove, for defendants-appellees, Cecil Jones.

Before PRICE, HALL, MARVIN, FRED W. JONES, Jr. and SEXTON, JJ.


PER CURIAM.

In this appeal by the plaintiff and one of the defendants from a judgment rendered and signed in a police juror election context, we rule as follows:

(1) The Motion to Dismiss the Appeal is overruled, since the duty to timely file the record in this court is that of the Clerk of Court for the District Court and the failure of that official to do so is not chargeable to the plaintiff-appellant. Further, no prejudice to the defendant has been shown...

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