Brady v. McWilliams

Supreme Court of Louisiana

Brady v. McWilliams

70 La. Ann. 433

CourtSupreme Court of Louisiana

DecidedAugust 15, 1867

DocketNo. 63

StatusPublished

This text of 70 La. Ann. 433 (Brady v. McWilliams) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brady v. McWilliams, 70 La. Ann. 433 (La. 1867).

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Opinion

Hxiian, O. J.

The plaintiff obtained judgment against the defendant on a contract exceeding $500, which was not reduced to writing, on the evidence of one witness only of the contract, without any proof of circumstances sustaining his evidence; and the defendant has appealed from the judgment.

The evidence is insufficient to justify the judgment, as such contracts must be proved by at least one credible witness, and other corroborating circumstances. See Civil Code, Art. 2257.

Let jhe judgment of the District Court be reversed, and let the case be remanded to the District Court to be proceeded with according to law; the plaintiff to pay cost of appeal.

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Hxiian, O. J.

The plaintiff obtained judgment against the defendant on a contract exceeding $500, which was not reduced to writing, on the evidence of one witness only of the contract, without any proof of circumstances sustaining his evidence; and the defendant has appealed from the judgment.

The evidence is insufficient to justify the judgment, as such contracts must be proved by at least one credible witness, and other corroborating circumstances. See Civil Code, Art. 2257.

Let jhe judgment of the District Court be reversed, and let the case be remanded to the District Court to be proceeded with according to law; the plaintiff to pay cost of appeal.

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Bluebook (online)

70 La. Ann. 433, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brady-v-mcwilliams-la-1867.