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Home > History and Archaeology > History > Reports of Cases Argued and Determined in the Supreme Court of Louisiana Volume 4; V. 43
Reports of Cases Argued and Determined in the Supreme Court of Louisiana Volume 4; V. 43

Reports of Cases Argued and Determined in the Supreme Court of Louisiana Volume 4; V. 43


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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. 1845 Excerpt: ...presume that the judgment below was rendered on the necessary evidence, which the law requires to make it legal and correct; and that mere suggestions, that the allegations in the petition were not, or could not have been proved, will not destroy the presumption that the lower court rendered its judgment on evidence which authorized it. But in this case, it appears to us, that the transcript itself shows, that the judgment appealed from could not have been rendered on such evidence as was legally required to make the judgment by default final, unless the documentary evidence was withdrawn by the plaintiff without being filed, after it was produced. The clerk certifies, that the record is a true copy of all the documents on file, and proceedings had in the suit, and that the parol evidence was not reduced to writing. His certificate does not show that any of the other documents, which may have been produced by the plaintiff, were not put on file, and only accounts for the absence of the parol evidence. Now, from the nature of the suit, and from the allegations of the petition, it is clear that, if the judgment appealed from was based only on the sole document found in the record, and on the parol proof which was not reduced to writing, the evidence was insufficient; and on the other hand, if the plaintiff did really produce other written evidence, it was his duty to file it, so that it might have been included and copied in the record, in case of Escurieux v. Chapduc and another, Heirs. an appeal, Code of Practice, art. 585. In both cases, the appellants must be relieved; particularly as the petition itself exhibits such contradictions, and inconsistencies, as could not perhaps have been supported by any evidence concordant with the plaintiff's allegations. ...


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Product Details
  • ISBN-13: 9781231155165
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 246
  • Spine Width: 13 mm
  • Width: 189 mm
  • ISBN-10: 1231155167
  • Publisher Date: 01 May 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 445 gr

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Reports of Cases Argued and Determined in the Supreme Court of Louisiana Volume 4; V. 43
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