Burbank v. Harris
Supreme Court of Louisiana
PPEAL from the Fourth Judicial District Court, parish of St. Charles. Duffel, J. First — “ Amendments will be allowed even after the cause is fixed for trial, if the litigation will thereby become closed, and the party who resists the amendment can point out no injury he will suffer.” 1 Martin, 175. “ Amendments not changing the issue will be allowed at any stage of the cause to further justice.” 2 M. 297 ; 11 M. 639 ; 2 N. S. 625 ; 4 N. S. 516; 2 M. 297 ; 1 Bac. 108 ; 3…
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PPEAL from the Fourth Judicial District Court, parish of St. Charles. Duffel, J. First — “ Amendments will be allowed even after the cause is fixed for trial, if the litigation will thereby become closed, and the party who resists the amendment can point out no injury he will suffer.” 1 Martin, 175. “ Amendments not changing the issue will be allowed at any stage of the cause to further justice.” 2 M. 297 ; 11 M. 639 ; 2 N. S. 625 ; 4 N. S. 516; 2 M. 297 ; 1 Bac. 108 ; 3 Lev. 345 ; 2 Stra. 890; 1 M. 183 ; 2 N. S. 625 ; Louque’s Dig. p. 553 ; 27 An. 316, 715. ' Second — That the decree of the…
1Opinion of the Court
The opinion of the court was delivered by
Manning, C. J.
This action, having for its object the recovery of seven thousand dollars damages for the destruction of a sugar-house upon a plantation leased to the defendant, resulted in a judgment in her favor. On appeal, it was reversed, the court saying that the ñre was caused bj' the carelessness of the defendant, and he was responsible for it, but as the evidence did not establish the amount of the damage, the case was remanded, and is unreported.
The second trial resulted in a verdict and judgment for the plaintiff for five hundred dollars, which…
2Cited by4 opinions
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- Commercial Nat. Bank v. SmithSupreme Court of Louisiana · 1922
- Parker v. Baker Gasoline Co.Louisiana Court of Appeal · 1926
- State v. Hackley, Hume & JoyceSupreme Court of Louisiana · 1909