Jewell v. Jewell
Supreme Court of Louisiana
Appeal from the District Court for Pointe Coupee, Nicholls, J. contended that the injunction should be dissolved on account of the insufficiency of the affidavit, the party swearing only that the allegations in the petition were true ‘ to the best of his knowledge and belief.’ He might have had no knowledge respecting the truth of the allegations. 5 La., 50, 81, 246. 13 Ib., 46. 14 Ib., 87, 274.
1Opinion of the CourtBullard, J.
The plaintiffs in this case have appealed from a judgment of the District Court dissolving their injunction on the ground that the affidavit was insufficient. One of the plaintiffs made oath that * the facts stated in the foregoing petition are true to the best of his knowledge and belief.’ The judge was of opinion that the oath was not sufficiently positive, but was qualified by the latter expression, ‘ to the best of his knowledge and belief.'’ We do not concur in this opinion.-- It appears to us that on an indictment for perjury those expressions would not avail the traverser, if it were…
2Cited by1 opinion
- Hull v. WattsSupreme Court of Virginia · 1897