TaiLexi AI U.S. Case Law

Hutcherson v. Welch

Hutcherson v. Welch, 316 So. 2d 144 (La. Ct. App. 1975)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Louisiana Court of Appeal · State Appellate Courts
Decided
July 1, 1975
Docket
No. 12635
Judges
Price, Hall and Morris
Citations
316 So. 2d 144
Cited by 12

Opinion

316 So.2d 144 (1975)

J. R. HUTCHERSON, Plaintiff-Appellant and Defendant in Reconvention,

v.

Mrs. L. H. WELCH, Defendant-Appellee and Plaintiff in Reconvention.

No. 12635.

Court of Appeal of Louisiana, Second Circuit.

July 1, 1975.

Wilson & Veatch by William D. Hall, Shreveport, for plaintiff-appellant and defendant in reconvention.

Joseph F. Giglio, III, Shreveport, for defendant-appellee and plaintiff in reconvention.

Before PRICE, HALL and MORRIS, JJ.

HALL, Judge.

This appeal by plaintiff-appellant is from a judgment of the City Court of Shreveport rejecting plaintiff's demands for a balance allegedly due for carpet delivered and installed in defendant's residence and rejecting defendant's reconventional demand for damages.

The testimony adduced on the trial of the case was not transcribed. The record does not contain a narrative of facts agreed on between the parties or made by the trial judge in accordance with LSA-C. C.P. Arts. 2130 and 2131. Although both parties have filed thorough briefs arguing their respective versions of the evidence, the testimony taken in the City Court is not properly before this Court for appellate review.

The respective claims of the parties present factual issues. Where there are factual issues involved and the record contains neither a transcript of the testimony nor a narrative of facts, there is nothing for appellate review. There being no evidence to review, the presumption is that the judgment of the trial court is supported by sufficient competent evidence. Succession of Walker, 288 So.2d 328 (La. 1974); Hill v. Smith, 284 So.2d 374 (La. *145 App.2d Cir. 1973); In re Tyson, 306 So.2d 822 (La.App.2d Cir. 1975).

For the reasons assigned, the judgment of the City Court is affirmed at appellant's costs.

Affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 12 cases

View all citing references →
1976: 31977: 11980: 31981: 21982: 11988: 11995: 119762026peak 1976 · 3

Relies on it most ⓘ

  1. Bourgeois v. Daigle340 So. 2d 1063 (La. Ct. App. 1976)
  2. Anderson v. Collins648 So. 2d 1371 (La. Ct. App. 1995)
  3. Conques v. Hardy337 So. 2d 627 (La. Ct. App. 1976)
  4. DeLaneuville v. Duplessis385 So. 2d 385 (La. Ct. App. 1980)
  5. Hanley v. Hanley381 So. 2d 963 (La. Ct. App. 1980)
  6. Iles v. White345 So. 2d 1304 (La. Ct. App. 1977)

Most recent

  1. Anderson v. Collins648 So. 2d 1371 (La. Ct. App. 1995)
  2. State v. Nine (9) Savings Accounts528 So. 2d 676 (La. Ct. App. 1988)
  3. Leger v. Lancaster423 So. 2d 88 (La. Ct. App. 1982)
  4. Lewis v. Ault401 So. 2d 1252 (La. Ct. App. 1981)
  5. Cuccia v. Cuccia394 So. 2d 840 (La. Ct. App. 1981)
  6. DeLaneuville v. Duplessis385 So. 2d 385 (La. Ct. App. 1980)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Succession of Walker, 288 So. 2d 328 (La. 1974) 35
Hill v. Smith, 284 So. 2d 374 (La. Ct. App. 1973) 4
In re Tyson, 306 So. 2d 822 (La. Ct. App. 1975) 3

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list