Wilkin-Hale State Bank v. Tucker
Supreme Court of Louisiana
Certiorari from Court of Appeal, Parish of Orleans. Action by the Wilkin-Hale State Bank against A. S. Tucker and others. A judgment for plaintiff was affirmed by the Court of Appeal, Parish of Orleans, and defendant Tucker and others applied for certiorari or writ of review.
1Opinion of the CourtO’Niell, J.
The judgment of the Court of Appeal, on the only issue decided in this case, is based entirely upon the testimony of *981three nonresident witnesses whose depositions were taken under commission, hut were not introduced in evidence on the trial of the ease. The depositions were left in the record, which was sent up from the district court to the Court of Appeal, and, although the Court of Appeal observed that the depositions had not been offered in evidence, the court reviewed the testimony of the witnesses, and based its decision thereon, under the supposed authority of the rulings in Poston v.…
2Cases cited5 opinions
- Dubourg v. AndersonSupreme Court of Louisiana · 1819
- Succession of JacksonSupreme Court of Louisiana · 1878
- Verret v. BonvillainSupreme Court of Louisiana · 1880
- McKerall v. McMillanSupreme Court of Louisiana · 1844
- Succession of ForstallSupreme Court of Louisiana · 1880
3Cited by17 opinions
- O.K. Realty Co. v. John A. Juliani, Inc.Louisiana Court of Appeal · 1924
- Denoux v. Vessel Management Services, Inc.Supreme Court of Louisiana · 2008
- De Frances v. GauthierSupreme Court of Louisiana · 1951
- State v. LloydLouisiana Court of Appeal · 2015
- Bilich v. MatheSupreme Court of Louisiana · 1920
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