Ross v. Rickert

On Rehearing.

DUFOUR, J.

A re-examination of this cause has led us to the conclusion that the case of Hitchcock vs. North, 5 Rob. 329, upon which our original decision was rested, even if it be construed to mean what plaintiff claims that it does, has not been followed or even mentioned by- subsequent adjudication in cases of a similar character.

In Plassan vs. Lottery Co., 34 An. 246, in which the answer was a general denial, the .ninth paragraph of the syllabus of the brief, as reported, makes the following point:

“Under the general issue no evidence will be received, except in mitigation of…