Code of practice in civil cases for the state of Louisiana; with the statutory amendments, from 1825 to 1853, inclusive and references to the ... annual reports | compiled and edited by Thoma - Softcover
Synopsis
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1855 Excerpt: ...case may be, and direct the same to the clerk of the court who nominated them, in order that either of the parties may have the same homologated. 6 R. 494. Art. 454.--Such reports or awards, must be signed by the experts, auditors, or arbitrators named; and if any one of them refuse to sign, that circumstance must be stated at the foot of the report or award. C. C. 3093. Art. 455.--Auditors of accounts must make their report, by establishing the respective accounts of the parties, with sufficient precision and minuteness to enable the court to judge whether they acted properly in rejecting, or in allowing, the articles in the accounts. 11 L. 314; 16 L. 358. Art. 456.--After the experts, auditors, or arbitrators, have sent their report or award to the clerk of the court by which they were appointed, the party wishing to avail himself of the same, may, on motion, call upon the adverse party to show cause within ten days after the notice of such motion shall have been served on him, why such report or award should not be homologated. C. C. 3096; 3 L. 73; 6 R. 494; see 5 N. S. 557. Art. 457.--The adverse party, after being thus notified, may, within ten days, oppose the homologation, by delivering to the clerk a written statement of the grounds on which his opposition rests. The court shall decide summarily on their merits. Post, 756; 4 N. S. 473; 5 N. S. 557; 12 R. 101. Art. 458.--The court is not bound to follow the opinion of the experts in their decision. They may correct any error in the reports of auditors of accounts, or they may, if they deem it necessary, order another report to be made by the experts, or another examination of accounts by the auditors. 6 R. 508; 12 R. 101; 1 A. 380; see ante, 442. Art. 459.--As regards the awards of arbitrators, the c...
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