Reports of Cases Argued and Determined in the Supreme Court of the State of Louisiana Volume 4

Reports of Cases Argued and Determined in the Supreme Court of the State of Louisiana Volume 4

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1833 edition. Excerpt: ...sum of seven hundred and fifteen dollars and Eastrm Dis. '. August, 1832. sixty-two cents, it being their virile share of the obligation sued on, with interest at ten per centum from the first day of "ichard March, 1831, until paid. The costs of the via executiva to be Rird Et Al. paid by the plaintiffs therein, and the costs incurred subsequently to the filing of the answer to the petition of the injunction, both in the court below and in this court, be paid by the said Joseph, Jean Baptiste, Raphael, and Paul Richard, save those incurred in relation to Julie Richard, as to whom it is ordered and decreed that there be judgement against the plaintiff in the executory process, as in case of nonsuit, with costs in both courts. Porter, J., on a rehearing: The court are of opinion the rehearing applied for in this case should be refused. The first ground taken by the appellees requires no observation; but the second calls for an explanation of the reasons which induces the court to reject the application. When evidence has been objected to in the inferior court, and rejected there, which on appeal it is considered should be admitted, the usual course has been to remand the case to enable the party who objected, to offer rebutting testimony. That course would certainly be followed in the present in-if the inferior stance, if we did not think the case offered a proper and testimony'60' necessary exception to the general rule. In our opinion the which the su. _..... _-pre me court proof offered by the plaintiffs was superfluous and unnecessary, consider adand that had the defendants disproved it as fully as they say SjSd&aJmt sup they could have done, they would still be responsible on the tne cause wi" J not be reman contract which their...
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Product details

  • Paperback | 208 pages
  • 189 x 246 x 11mm | 381g
  • English
  • Illustrations, black and white
  • 1236505336
  • 9781236505330