Auto Electric Co. v. Wilkinson

Louisiana Court of Appeal

Auto Electric Co. v. Wilkinson

1 La. App. 658, 1925 La. App. LEXIS 119

CourtLouisiana Court of Appeal

DecidedFebruary 20, 1925

DocketNo. 1877

StatusPublished

Cited by1 cases

This text of 1 La. App. 658 (Auto Electric Co. v. Wilkinson) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Auto Electric Co. v. Wilkinson, 1 La. App. 658, 1925 La. App. LEXIS 119 (La. Ct. App. 1925).

Pincite

Opinion

In this case .there was judgment for the plaintiff. Before the judgment was signed the defendant filed a motion for new trial on the ground of newly discovered evidence and set up fully what the evidence was and gave the name of the witness by whom it could prove said newly discovered facts.

The evidence, we think, is relevant and important.

Defendant supported his application for new trail by proper affidavit.

We think the judge erred in refusing the new trial.

The affidavit in support of the application for new trial brings the defendant within the articles of the Code of Practice which provides for such relief.

Code of Practice, 560, 561.

Stone vs. Rose, 2 La. Ann. 225.

Robinson vs. Howell, 22 La. Ann. 524.

It is therefore ordered that the judgment be set aside and that this case be remanded for a new trial.

It is further ordered that the appellee pay the costs of this appeal.

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