Baker v. Smith
Supreme Court of Louisiana
APPEAL from the Second District Court, Parish of Bienville. Watkins, J. 1. Fifteen clear days is a sufficient citation for a person living fifty miles from the court house.
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APPEAL from the Second District Court, Parish of Bienville. Watkins, J. 1. Fifteen clear days is a sufficient citation for a person living fifty miles from the court house. O. P. ISO. 2. If a person moves from a parish, he can be sued in the parish from which he moved within one year. 15 An. 538; 0.1\ 167. 3. Silence and acquiescence in accounts constitute an approval of them. 35 An. 778. 1. Contracts cannot be avoided for error, unless it is caused by fraud, force or improper influence. 22 An. 14; 30 An. 19á, et seq. 5. Paying part of a debt waives prescription as to the remainder. Act 78 of…
1Opinion of the Court
The opinion of the court was delivered by
Watkins, J.
Plaintiff seeks to obtain judgment upon an open, running account of the defendant of several years’ standing, and on several promissory notes, one of which is secured by mortgage and vendor’s lien. His averments are, however, subject to the qualification that the two largest notes, aggregating in capital $2098.53, are subject to the credit of $2000, the amount of the purchase price of a certain tract of land, “unless the court should determine that the contract was not one of sale.”
He also makes claim for the annual rent of the land thus…
2Cited by13 opinions
- Marbury v. ColbertSupreme Court of Louisiana · 1901
- Electrical Supply Co. v. Eugene Freeman, Inc.Supreme Court of Louisiana · 1933
- Latiolais v. BreauxSupreme Court of Louisiana · 1923
- Jackson v. GolsonLouisiana Court of Appeal · 1956
- Leger v. LegerSupreme Court of Louisiana · 1907
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