Burke v. Flood

This is an action for work and labor done by the plaintiff, as a carpenter, for the defendant. Prescription was pleaded, and the plaintiff's counsel filed a replication to the plea, calling on the defendant to answer, on oath, the following interrogatory: Have you paid the plaintiff's claim? The parish court was of opinion that the interrogatory was an improper one, and refused to receive the replication. There was judgment for the defendant, and the plaintiff appealed.

The case is before us on a bill of exceptions *404to the opinion of the court, in rejecting the replication and a statement of…