Bernard v. Guidry

Citations

• 109 La. 451
• 33 So. 558
• 1903 La. LEXIS 397

Syllabus

<p>FRAUDULENT CONVEYANCES — EVIDENCE—REBUTTAL — DEPOSITIONS—REFUSAL TO APPEAR.</p> <p>1. In a suit to uncover property alleged to have been fraudulently put in the name of the defendant by the judgment debtor, statements of the defendant inconsistent with the affluent circumstances in which he would have been at the time the statements were made, if the property in question had really belonged to him, are relevant evidence.</p> <p>2. Where on a second trial the testimony of the defendant taken on the former trial is re-offered in evidence, proof of contradictory statements made by the defendant is admissible as rebutting evidence.</p> <p>3. Where a commission is sent to the proper officer in the parish of Orleans for taking the testimony of a witness, ample means are afforded by our law to compel the witness to testify in case he proves recalcitrant.</p> <p>(Syllabus by the Court.)</p>