Louisiana Reports; Cases Argued and Determined in the Supreme Court of Louisiana Volume 79

Louisiana Reports; Cases Argued and Determined in the Supreme Court of Louisiana Volume 79

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1877 edition. Excerpt: ... he continues to be administrator. 14 An. 3-19; 27 An. 37. No answer was flledand no default was taken in the case; there was therefore no issue joined on the merits. It is therefore ordered that the judgment of the lower court be annulled, and it is further ordered and adjudged that the exceptions be overruled and the case be remanded to be tried on the merits. To permit plaintiff to offer in his own behalf his own books would be to permit him to manufacture his own evidence. His adversary might have required the books of plaintiff to be adduced, but he can not offer them himself: and because one book was received without obioction is no reason that he should be permitted to introduce the other when objected to. The promise to pay the debt of another can only be proved by written evidence, and this the plaintiff has failed to produce against defendant. APPEAL from the Eighth Judicial District Court, parish of Calcasieu_ Morgan, J. Louis Lc'r'/11:0, for plaintiff and appellant. George H Wells, for defendants and appellees. VVYLY, J. Plaintiff appeals from the judgment dismissing as of nonsuit his demand against defendants on two accounts, and dissolving the attachment sued out by him, reserving to defendants the right to sue for damages for the wrongful issuing of the attachment. _ It seems plaintiff is engaged in the lumber business. He keeps a book called a log-book, and another book called a tally-book. He introduced in evidence without objection his log-book and subsequentlyoffered to introduce his tally-book, which was objected to and excluded. He took a bill of exceptions to the ruling of the court excluding this evidence; and in his brief complains that the judge erred. We think the ruling was correct. To permit...show more

Product details

  • Paperback | 522 pages
  • 189 x 246 x 27mm | 921g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236754360
  • 9781236754363