Bernard v. Vignaud
Supreme Court of Louisiana
Seghers, on an application for a rehearing. This court has determined that the testimony of Fouque ought not to be rejected, on account of his affinity. To this decision the plaintiffs respectfully submit. But there are two other grounds of exclusion, on which they beg leave to call the attention of the court. The first, that Fouque is the vendor of the slaves on which they have a lien, and that therefore is excluded from being a witness in the cause.
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Seghers, on an application for a rehearing. This court has determined that the testimony of Fouque ought not to be rejected, on account of his affinity. To this decision the plaintiffs respectfully submit. But there are two other grounds of exclusion, on which they beg leave to call the attention of the court. The first, that Fouque is the vendor of the slaves on which they have a lien, and that therefore is excluded from being a witness in the cause. Partida 3, tit. 16, l. 19. This law stands unrepealed, and the point was never controverted by the adverse counsel. The second ground, is the…
1Opinion of the CourtPorter, J.
The plaintiffs, by a petition for a rehearing, have again called the attention of the court to this case.
They complain that the cause has been sent back for a new trial, on an exception taken by the party who succeeded in the inferior court, without any opinion being expressed on its merits. But I think we did express an opinion on the merits, and that in the strongest possible way; for if we had thought with the district court, that the facts, as they appear on the record, authorised judgment for the defendant, we would not have done so vain and useless a thing, as to have remanded the cause…
2Cases cited1 opinion
- Hartshorne v. SleghtNew York Supreme Court · 1808
3Cited by3 opinions
- Lecompte v. United StatesSupreme Court of the United States · 1851
- Lafayette v. BlancSupreme Court of Louisiana · 1848
- Perkins v. VincentSupreme Court of Louisiana · 1895