Schlater v. A. Wilbert & Sons
Supreme Court of Louisiana
APPEAL from the Twenty-third District Court, Parish of Iberville., Talbot, J. A petition which discloses the facts upon which a claim is made against defendant is sufficient. It is not necessary that it should negative any matters of defense. Olhamvs. Crogham, 3 M. IT. S. 517 ; Matthews vs. Pascal, 13 L. 48; McRea vs. Purvis, 12 Ann. 85. Counsel should have full freedom of speech in conducting the cases and in advocating the rights of their constituents. Cooley, Con.
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APPEAL from the Twenty-third District Court, Parish of Iberville., Talbot, J. A petition which discloses the facts upon which a claim is made against defendant is sufficient. It is not necessary that it should negative any matters of defense. Olhamvs. Crogham, 3 M. IT. S. 517 ; Matthews vs. Pascal, 13 L. 48; McRea vs. Purvis, 12 Ann. 85. Counsel should have full freedom of speech in conducting the cases and in advocating the rights of their constituents. Cooley, Con. Linu 4th ed. p. 555 : ‘Any building or work, or fabrication on a public highway, which prevents or hinders its use or enjoyment…
1Opinion of the Court
The opinion of the Court was delivered by
Fenner, J.
The counsel for plaintiff, who is appellant, complain in their brief of sundry rulings of the judge in refusing to permit amendments to their petition, in rejecting evidence, and in refusing certain charges to the jury; but, at the conclusion of their brief, they say: “We pray your honors to examine the case and render such judgment as should have been rendered in the lower court. We pray your honors not to remand the case, but to end it.” We are bound to treat this as a waiver of those exceptions which involve the judge’s rulings in denying…
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