Pilie v. Stewart
Supreme Court of Louisiana
APPEAL PROM THE COURT OF THE FIRST JUDICIAL DISTRICT, JUDGE BUCHANAN PRESIDING. This case comes up on the following bill of exceptions: On the trial, a witness for the plaintiff was called and examined in chief. He was delivered over to the counsel of the defendant, who propounded a question and desired the clerk to take down the answer in writing.
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APPEAL PROM THE COURT OF THE FIRST JUDICIAL DISTRICT, JUDGE BUCHANAN PRESIDING. This case comes up on the following bill of exceptions: On the trial, a witness for the plaintiff was called and examined in chief. He was delivered over to the counsel of the defendant, who propounded a question and desired the clerk to take down the answer in writing. The judge interposed, and decided that the testimony could not be taken in writing, as neither party had desired it at the commencement of the examination. The defendant’s counsel observed, that he was under the belief that the testimony in chief…
1Opinion of the CourtEustis, J.
On the trial of this cause, the counsel for the defendant, on the cross-examination of the first witness, requested the clerk to take down in writing the answer of the witness to the first question propounded by the counsel for the defendant. The judge decided that the testimony could not be taken in writing, as neither counsel desired it at the commencement of the examination. The counsel for the defendant declared, that he was under the belief that the testimony in chief had been taken down in writing. The counsel for the plaintiff made no objection to the request of the counsel for the…
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