Bedford v. Urquhart
Supreme Court of Louisiana
ON AN APPLICATION POR A RE-HEARING. This case comes before the court on an application for a re-bearing. See tbe decision ante, 234. applied for a re-hearing, on the following grounds: 1. The court erred in supposing “Harrod’s answer contains nothing more Chan a general denial of all facts alleged against him.”
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ON AN APPLICATION POR A RE-HEARING. This case comes before the court on an application for a re-bearing. See tbe decision ante, 234. applied for a re-hearing, on the following grounds: 1. The court erred in supposing “Harrod’s answer contains nothing more Chan a general denial of all facts alleged against him.” This is ■ an error of fact, as the answer expressly denies the plaintiff had any title; which, put him on the proof of it, and failing, his suit was dismissed. 2. Has the plaintiff made out a good title? we deny it. He seeks to recover, not' by making out a good title in himself, but…
1Opinion of the CourtBullard, J.
Since the argument in this case, on the re-hearing, we have holden it under advisement an unusual length of time, and *245have considered it with all that attention and deliberation called for by the intrinsic difficulty of the questions to be settled, and the earnestness and ability with which our former judgment has been'combated. Having no interests but those of truth, no aim but justice, according to law, we are disposed to take up the case without reference to the opinion first pronounced.
At the threshhold of this inquiry, we meet the question, whether the 44th article of the Code of…
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