
    POLICE JURY vs MENARD.
    Eastern Dist.
    January, 1835.
    APPEAL FROM THE COURT OF THE SECOND JUDICIAL DISTRICT, THE JUDGE THEREOF PRESIDING.
    In an action by the principal against his factor, to account and pay over a balance for merchandise sold on consignment, it devolves on the latter to show he has not received any money by the sale of the goods, or collected any of the debts, and to establish this to he the case without his fault,in order to avoid being liable.
    The certificate of the clerk, that the record contains “ a true copy of all the proceedings, as well as of all the documents filed in the suit,” is insufficient to enable the court to examine the case on its merits, and the appeal will be dismissed.
    This is a hypothecary action against the third possessor. The police jury for the parish of Assumption, obtained a judgment against a surety of the sheriff of said parish, in 1828, and on issuing execution it was returned, no property foun^ Suit was commenced against the defendant, to subject a tract of land which he had purchased from the surety, since the latter bad become liable on his bond, on the ground, that a legal mortgage attached to all the property of the sureties t< the sheriff’s bond.
    The certificate of the clerk, that tains “a true proceedings as the documents filed in the suit,” enable the court caseó7iís rits, and the appeal -will be dismissed.
    Judgment being rendered against the defendant, for the um claimed with mortgage, after an unsuccessful attempt to obtain a new trial, he appealed.
    On sending up the transcript, the clerk certified that it contained “ a true copy of all the proceedings, as well as of all the documents filed in the suit.”
    
      Jl. Seghers, for the plaintiffs,
    moved to dismiss the appeal, on the ground that the certificate of the clerk, was insufficient to enable the court to try the case on its merits.
    
      Nicholls, contra.
    
   Martin, J.,

delivered the opinion of the court.

In this case a motion is made by the counsel of the appellees, to dismiss the appeal, on the ground of the insufficiency of the certificate attached to the record.

The clerk attests that the transcript contains “a true copy 0f ap ^ pvoceedings, as well as of all the documents filed in this suit.”

This certificate is clearly insufficient; it does not negative l^ie ^act t^at ora^ evidence was given, nor that documentary evidence was produced which is not filed,

It is also clear, t.he certificate does not authorise this court revise the judgment appealed from.

. It is, therefore, ordered, adjudged and decreed, that the appeal be dismissed with costs.  