Williams v. Bethany
Supreme Court of Louisiana
This was an action for rent, and damages done to the premises leased. After the jury had been sworn, the defendant plead res judi- ^ that part of the petition which claimed damages. To the admission of this plea, the plaintiff objected, on the ground, that being m the nature of payment for damages, it was presented too late.
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This was an action for rent, and damages done to the premises leased. After the jury had been sworn, the defendant plead res judi- ^ that part of the petition which claimed damages. To the admission of this plea, the plaintiff objected, on the ground, that being m the nature of payment for damages, it was presented too late. The plaintiff having made an ineffectual attempt to procure the attendance of two witnesses, Vaughn and Cooney, offered to read their depositions taken down by the clerk upon the same contract now sued upon, and contained in the record of the suit, which the defendant…
1Opinion of the CourtMartin, J.
• • p delivered the opinion of the court. This is an action on a written lease for rent and dilapidation. The defendant craved oyer and time to plead. After oyer, but before an answer was filed, a jury was impanneled, and the plea of res judicata to the dilapidation was filed. The defendants had averdietand judgment, and the plaintiff appealed.
His counsel has urged that the plea ought not to have been received: improper evidence was received and properly rejected. The judge gave an erroneous charge, and judgment ought to have been given for the rent.
It has been urged that the plea came too…
2Cited by7 opinions
- Young v. ReedLouisiana Court of Appeal · 1939
- Rouyer v. CarrollSupreme Court of Louisiana · 1895
- Alford, Bettis & Co. v. W. B. Hancock & SonsLouisiana Court of Appeal · 1881
- Morace v. Avoyelles Wholesale Grocery Co.Louisiana Court of Appeal · 1948
- Buhler v. VillecLouisiana Court of Appeal · 1958
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