Succession of Dessaud

Louisiana Court of Appeal

Succession of Dessaud

6 Teiss. 333, 1909 La. App. LEXIS 107

CourtLouisiana Court of Appeal

DecidedMay 17, 1909

DocketNo. 4729

StatusPublished

This text of 6 Teiss. 333 (Succession of Dessaud) 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.

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Succession of Dessaud, 6 Teiss. 333, 1909 La. App. LEXIS 107 (La. Ct. App. 1909).

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Opinion

ST. PAUL, J.

Questions of fact only are involved. We find it impossible from the record to establish with certainty when the money herein sued for was collected by the defendant in rule, whether on May 12, the day before the decease, as the oral tes.-timony seems to indicate, or on May 33, the very day of the decease, as seems to be indicated by the letter from the bank. Mor does the record establish the time of day of the decease.

Both of these circumstances appear to us material in weighing the testimony herein given. Nor does the opinion of the learned District Judge afford us assistance in this instance, for we find that he has inadvertently overlooked the testimony of one of the witnesses, in the supposed absence of which he in part bases his judgment.

We, therefore, believe that the interests of justice will best be subserved by remanding the case for such additional testimony as the parties may choose to adduce, but without the necessity of taking de novo the testimony of witnesses already heal’d.

For the reasons assigned it is ordered that the judgment of the District Court be set aside and the ease remanded, to be proceeded with according to law, and this opinion.

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ST. PAUL, J.

Questions of fact only are involved. We find it impossible from the record to establish with certainty when the money herein sued for was collected by the defendant in rule, whether on May 12, the day before the decease, as the oral tes.-timony seems to indicate, or on May 33, the very day of the decease, as seems to be indicated by the letter from the bank. Mor does the record establish the time of day of the decease.

Both of these circumstances appear to us material in weighing the testimony herein given. Nor does the opinion of the learned District Judge afford us assistance in this instance, for we find that he has inadvertently overlooked the testimony of one of the witnesses, in the supposed absence of which he in part bases his judgment.

We, therefore, believe that the interests of justice will best be subserved by remanding the case for such additional testimony as the parties may choose to adduce, but without the necessity of taking de novo the testimony of witnesses already heal’d.

For the reasons assigned it is ordered that the judgment of the District Court be set aside and the ease remanded, to be proceeded with according to law, and this opinion.

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6 Teiss. 333, 1909 La. App. LEXIS 107, Counsel Stack Legal Research, https://law.counselstack.com/opinion/succession-of-dessaud-lactapp-1909.