Davis v. Coan
Supreme Court of Louisiana
APPEAL FROM THE CITY COURT OF NEW-ORLEANS, JUDGE DUNCAN PRESIDING. Eastern Dist. This suit is instituted on a promissory note executed by the defendant. The plea is, minority at the time of executing the obligation. The testimony is somewhat contradictory, but the judge presiding was of opinion it preponderated to the side of the defendant, rendered judgment in his favor, from which the plaintiff appealéd.
1Opinion of the Court
Martin,
delivered the opinion of the court.
The plaintiff is appellant from a judgment sustaining the defendant’s plea of minority. ' It was supported by one witness. A second witness was called, who disclosed the fact that an official record of the birth of the defendant existed, and upon objection being made to his testimony, he was ordered to stand aside. The plaintiff’s counsel then moved that the whole of the testimony of the first witness be stricken out., at least so much thereof as went to prove the minority of the defendant by parole. This the judge refused to do, on the ground that…
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