Durham v. Williams
Supreme Court of Louisiana
APPEAL from the First Judicial District Court, parish of Caddo, Taylor, J. First — Admissions in the answer relieve plaintiff from proving his demand, and throw on defendant the onus of establishing his defense.
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APPEAL from the First Judicial District Court, parish of Caddo, Taylor, J. First — Admissions in the answer relieve plaintiff from proving his demand, and throw on defendant the onus of establishing his defense. So the pleas of payment, novation, dr compensation, admit the existence of the debt, whose continuance will be presumed, and plaintiff will have judgment, unless defendant make good his plea. 3 N. S. 273 ; 12 L. 397 ; lá L. 372 ; 48 L. 6 ; 14 A. 54. Second — The legal effect of a special defense cannot be avoided by a reservation in the answer, that the party does not intend thereby…
1Opinion of the Court
The opinion of the Court was delivered by
Poché, J.
The minor heirs of B. F. Hollingsworth are sued in this case on an open, account for the sum of $4802 40, for a debt alleged to have been contracted with plaintiff, for account of said minors, by their natural tutrix, Julia Hollingsworth, now the wife of F. R. Williams, the oo-tutor of the minors. Plaintiff alleges that the debt sued on enured to the benefit of the defendants, minors, in cultivating and improving their plantation situated in the parish of Bossier; and he also claims a sum of $28 50 in re-imbursement of taxes paid by him, for…
2Cases cited2 opinions
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