Bastrop State Bank v. Levy

Citations

• 106 La. 586

Syllabus

<p>Syllabus.</p> <p>1. Pending action by the trial judge on an exception of no cause of action it is - within his discretion to permit the filing of an amended petition covering the defectiveness of allegation in the original petition.</p> <p>2. The book entries of deposits, made by a bank cashier who is dead (his handwriting and death being proven), accompanied by evidence corroborative of the contention of plaintiff that these entries exhibit all the deposits made hy _ defendant, who kept no pass-book, make a prima facie showing of the state and extent of defendant’s deposit account, and suffice ‘to shift the burden of proof on defendant to show other deposits.</p> <p>3. Judicial tribunals are established to administer justice between litigants, and the first and most important step to that end is the ascertainment of the truth of the controversies which come before them.</p> <p>4. It is only when the truth is ascertained that the law can be applied in the just settlement of disputes.</p> <p>5. Litigants owe the duty of assisting in every legitimate way in the elucidation of the truth.</p> <p>6. When a defendant in a civil case can, by his own testimony, throw light upon matters at issue, necessary to his defense and peculiarly within his own knowledge, and fails to go upon the witness’ stand, the presumption is raised, and will be given effect to, that the facts, as he would have them, do not exist.</p>