
    HUTCHISS, TUTOR, &c. vs. DODD ET AL.
    Eastern Dist.
    
      March, 1838.
    .ArtíBfL gOURT 03? rROBATES FOR THE PARISH OF WEST BATON * 1 • | ROUGE.
    
      t A judgment» $ij¿iout‘the reasons upon which it was rendered, is at least •^voidable. .The,constitution requires also, a reference to the law on which it is-founded, when it is possible; and when it does not appear, the presumption arises, that it was not possible to give it.
    It cannot be presumed, that a judge was ignorant of the grounds on which he rendered judgment, and the constitution requires them in every case.
    So, where a judgment was unconstitutional and void, for want of reasons, and the judgment below had been rendered- without evidence, or the evidence failed to come up with the record; Held, that the Supreme Court in such cases cannot pronounce the judgment which should have been given below, but will remand the cause for further proceedings.
    This is an action instituted in the Court of Probates, by the tutor of the minors Hacket, against the puchasers, to annul a sale of minors’ property, sold by the parish judge, as auctioneer ; and which the plaintiff alleges, was made without the formalities of law, and is null and void. He prays judgment, annulling the sale, and for an order requiring the property to be resold, in strict conformity with the law relating to the sale of minors’ property.
    A judgment without the reasons upon which it was rendered, is at least voidaíle. The quires^alsTare" ference to the isfounded'when l4,lsí?s®áfe>and when it does not aPPeai:the Prethat it was not possible to give
    14 cannot be judgTwasIgnot ground”*' which. he ren-SeStón. tion requires case? m every
    
      The defendants made default, and final judgment was entered up as follows: *
    . •“ In this case, more than three judicial days having elapsed, since judgment by default was rendered against the defendants, and the said defendants having failed to answer within the legal delay, it is ordered, adjudged and decreed, that the said judgment by default, be now made final against the said defendants, with costs.”
    There was a statement of facts, signed by the judge of probates, stating, that certain documents were submitted in evidence, but were not in the records.
    
      The plaintiff appealed from this judgment.
    
      Davis, for the appellant,
    contended, tha was erroneous, in not annulling the salei clear, that the sale of minors’ property the formalities prescribed, is null. . Louisi
    
    2. A new sale of the property should the sale proceeded in according to law ; mendation of the family meeting, specifying t was to be divided and sold,
   Martin, J.,

delivered the opinion of the court.

The plaintiff, as tutor of the minor heirs . , OÍ xiacket, brought the suit, to set aside the sale of the plantation of the deceased, adjudicated to the defendants, on the ground, that the adjudication had been illegally made, and prayed that a second sale might be proceeded to, and be made of the premises in question, according to law. The defendants faded to answer; judgment by default was taken, and m due time made final. The plaintiff appealed.

The final judgment contains none of the reasons on which it was rendered; nor does it refer to any law. It was rendered, without the production of any evidence in support of the claim of the heirs. A'judgment which contains none of the reasons on which it was rendered, is at least voidable. The want of a reference to a law authorizing it, may be justified, on the presumption, that the judge had not the law at hand, or even was ignorant of it. This reference, the constitution requires, as often as. it is possible, and when it does not appear, we are to presume, that the judge was unable to make it. But we cannot presume, that a judge could be ignorant of the grounds on which he rendered his judgment, and the constitution requires a statement of them in every case. The judgment, therefore, is unconstitutional; aac^ R is not in our power to pronounce the judgment which the court ought to have rendered, because the judgment by default could not be made final, without evidence being adduced in support of the claim of the plaintiff, and this evi-fience, if any was given, does not come up with the record.

So, where a uticonstitutionaf want ofreásonf and the judg-been rendered denoe^ or "the evidence failed to come up -with the record: I£dd) Courte1nPrsuch cases cannot proment which given below, the ^cause™for further proceedings.

It is, therefore, ordered, adjudged and decreed, that the judgment of the Court of Probates be annulled, avoided and reversed; the judgment of the court rendering the default final, set aside, and the case remanded for further proceedings accor(Rng to law; the appellee paying the costs on the appeal, 1 r  