Antrim Lumber Co. v. S. H. Bolinger & Co.

Citations

• 121 La. 306
• 46 So. 337
• 1908 La. LEXIS 673

Syllabus

<p>1. Prescription — 1Tender—Effect on Claim —Not Interrupted jby Tender Further Than as to Amount Tendered.</p> <p>Tender of an amount in open court and the plea accompanying it did not have the effect of taking the whole of plaintiff’s claim out of the bar of prescription.</p> <p>Thereby only a part of the claim was acknowledged.</p> <p>2. Same — Trespass to Property — Evidence-Knowledge.</p> <p>The date prescription begins to run, as relates to trespass on property (act No. 33, p. 41, of 1902), must be shown with reasonable certainty, if the testimony seeks to prove that it began to run from the day that the knowledge came to the owner, and not from the date that the act complained of was committed.</p> <p>3. Appeal — Weight op Testimony.</p> <p>The testimony was conflicting, and under the general rule upon the subject weight is given to the opinion of the district judge, who saw and heard the witnesses.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 3, Appeal and Error, §§ 3983-3989.]</p> <p>(Syllabus by the Court.)</p>