Legal Opinion
Pratt v. McCoy
Supreme Court of Louisiana
Decided April 26, 1909No. 17,593PublishedCited by 2 opinions
Action by George K. Pratt against John F. McCoy and. others. Application by said Pratt for writ of mandamus directed to Hon. Walter B. Sommerville, Judge, etc., to compel the reception of certain evidence.
1Opinion of the CourtProvosty, J.
Plaintiff took advantage of Act No. 126, p. 185, of 1908, and examined the defendants “as under cross-examination.” Under said act plaintiff had a right to offer evidence in impeachment and rebuttal of the testimony which he had thus elicited from defendants “as under cross-examination.” Instead of proceeding at once to do so, plaintiff’s counsel'made the following statement:
“With the reservation of our right to put rebutting testimony in the record, and evidence of that character, we rest here.”
The trial judge thereupon stated that defendant need not offer any evidence, as plaintiff had not…
2Cited by2 opinions
- State ex rel. Marrero v. EhretSupreme Court of Louisiana · 1914
- Police Jury v. Texas & P. Ry. Co.Supreme Court of Louisiana · 1912