Keough v. Foreman
Supreme Court of Louisiana
APPEAL from the Thirteenth Judicial District Court, parish of St. Landry. Hudspeth, J. Transferred to New Orleans by consent of parties. A motion to homologate the report of experts, binds the mover to its correctness. It is a j udicial admission which he cannot withdraw, after the other party has accepted the issue so tendered. Gridley vs. Connor, 4 An. 416; Del Bondio vs. ET.
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APPEAL from the Thirteenth Judicial District Court, parish of St. Landry. Hudspeth, J. Transferred to New Orleans by consent of parties. A motion to homologate the report of experts, binds the mover to its correctness. It is a j udicial admission which he cannot withdraw, after the other party has accepted the issue so tendered. Gridley vs. Connor, 4 An. 416; Del Bondio vs. ET. O. Mutual Insurance Association, 28 An. 139; Bender vs. Belknap, 23 An. 764. In an action of settlement of a partnership, the managing partner and cashier must be charged, in his cash account, for all moneys received…
1Dissent
Dissenting Opinion.
Todd, J.
Having made á thorough examination of all the evidence bearing upon the parnership settlement of Keough & Foreman, and that evidence being the identical evidence which was before the experts *1441selected by the parties to make the settlement, and subsequently placed before the auditors, I am entirely satisfied that, both the experts and auditors made serious mistakes to the prejudice of Keough in their respective reports. In point of fact, it is clear to my mind, as clear as an arithmetical calculation can make it, that at the dissolution of the partnership of Keough &…
2Cases cited3 opinions
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- Town v. WoodIllinois Supreme Court · 1865
- Brydie v. MillerU.S. Circuit Court for the District of Virginia · 1809