
    No. 10,427.
    The State of Louisiana vs. Charles Ferguson et als.
    APPEAL from the First Recorder’s Court for the Parish of Orleans. Murphy, J.
    
    
      T. McC. Hyman, Assistant City Attorney, and Carleton Hunt, City Attorney, for Appellee
    cited: 5 N. S. 91; 37 An. 294; 33 An. 652; 38 An. 836; 4 La. 471.
    
      MeMahon & Pratt for the Appellant:
    Where a certiorari has issued to complete a record, and a reasonable time for the service of the writ and the return of the record has elapsed, and the appellants have neglected to taire out and serve the writ, the appeal will be dismissed.
   The opinion of the court was delivered by

McEnery, J.

The defendants are appellants from a sentence of the Recorder’s Court of the City of New Orleans, condemning them to pay a fine for a violation of a city ordinance.

A motion to dismiss the appeal has been filed by the City of New Orleans.

The transcript was filed the 23d September, 1889. The case was fixed for hearing 5th December following. On that day appellants, alleging a defective record, moved for a certiorari in order to complete the record. The case was again fixed for trial on the 24th day of April, 1890. No time was asked for in the defendants’ motion, and no day fixed for the return of the writ in the order of the court. But more than reasonable time has elapsed since the order was granted. The appellants have neglected to take out and serve the writ in order to complete the record.

The fault is imputable to them.

It is therefore ordered that the appeal be dismissed.  