Dranguet v. Prudhomme
Supreme Court of Louisiana
ON AN APPLICATION POR A REHEARING. submitted the following points on a re-hearing. 1. The court have entirely overlooked the first-- legal position assumed' by the defendant’s counsel, viz.
Read the full summary
ON AN APPLICATION POR A REHEARING. submitted the following points on a re-hearing. 1. The court have entirely overlooked the first-- legal position assumed' by the defendant’s counsel, viz. “ That under the Spanish laws there were negatives which were to be proved by the party alleging them ; and this case, was one of them.” 2. The court erred in deciding that the Spanish and English law of evidence did not support that proposition; and also in asserting that the doctrine of the Spanish law was very analagous to that of the English law on that subject. . 3. The general principle of the…
1Opinion of the CourtPorter, J.
Tire court did not overlook in coming to a conclusion in *84this cause, but on the contrary maturely considered the point to which counsel has called our attention by a petition for a re-hearing; but the court did not specially notice it in the opinion delivered, because on the view then taken by us, and still retained, the rights of the parties depended on the general question which the argument had raised. As the matter is of some importance, we deviate from the usual rule, and have considered it proper to show why in our judgment, the proposition of the appellant, restricted as it now is, is…
2Cited by2 opinions
- Phillips v. HawkinsSupreme Court of Louisiana · 1843
- McGregor v. McGregorSupreme Court of Louisiana · 1958