Code of Practice of the State of Louisiana; Containing Rules of Procedure in Civil Actions with Notes Of, and References To, the Decisions of the Supr (Paperback)

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. 1844 Excerpt: ...that the disease was curable in its nature, lies on the seller;(-) so in a suit for freedom, if plainlilf" show lhal he was emancipated by those who had possession of him as owner, the onus id' proving lhal I hey had no title devolves on defendant.. )) Where a partner is bound to render an account lo 111--co-partner in the settlement of the partnership affairs, the credits which he gives wilt be taken againsi him; but those in his favor, he will be obliged, if required, to establish by proof; ;/) it is otherwise where a party produces an account which he is not bound lo furnish, and his adversary relies on it lo sustain his casc.fy) The party who alleges minority must establish il.(r) If the sheriff do not seize the property pointed out lo him by the debtor, hut seizes and sells other property, he will be liable lo an action of damages, unless he show thai ihe property pointed out was encumbered with mortgages, or lhat it did nol belong lo Ihe deblor.fs) If a parly who alleges that he made a promise through enor, do mi show it, he will be bound by his promiscf/) And if a colored or black person, in Ihe tt/tn/tiu-iiJ of his fret Am, sue, the burthen of showing lhal he is a slave lies on defendant; and if elaimed as a slave, the party claiming him will be held to the proof.U) If the drawer of a note payable to tiearer, show that his signature was obtained through fraud, the holder must show thai he obtained ii in good faith (") If heirs sue by their tutor, and heirship and tutorship lie denied, the plaintiff must establish hoth.(w) As a general rule, the affirmative must be established by the party alleging it; unless it involve a negative, and then the proof must come (roin the opposite party; as a negative cannot he proved.(.r) Where a parly ...