8 La. 76 | La. | 1835
delivered the opinion of the court.
The petitioner, S. Becnel, obtained from this court, a rule on the judge of the First Judicial District, to show cause why a mandamus should not issue, commanding him to sign a judgment rendered in her favor, against her husband on the 24th day of February, but which the judge had refused to sign, more than three days after its rendition.
. The district judge, in answer to the rule, shows for cause, that on the 28th of that month, and before the judgment was signed, René Trudeau, a creditor of the husband, filed an intervention suggesting fraud, and moved for a new trial, by jury. That the case was taken up by consent, and that the court, under all the circumstances of the case, granted a new trial, and directed the cause to be set down on the jury docket, and has not yet been reached in its regular order.
This court is not called upon in the present case to decide whether an intervention can properly be admitted after trial, and judgment rendered. The case is not before us on appeal, and we express no opinion on that question. The application to us is to direct the district judge to sign a judgment rendered by him, unless he shows good cause why it should not be signed.
Article 546 of the Code of Practice, makes it the duty of the judge to sign all definitive or final judgments rendered by them, after three judicial days- shall have expired
Let the rule be discharged.