Buffalo Specialty Co. v. G. Pitard's Sons

Citations

• 14 Teiss. 395
• 1917 La. App. LEXIS 79

Syllabus

<p>Syllabus.</p> <p>When a plaintiff sues on notes signed “G. Pitard’s Sons”, and cites “Widow Gustave Pitárd”, and prays for judgment against her on the allegation that she is “G. Pitard’s Sons”, doing business under that name, he must make proof of that fact on confirmation of default, or the judgment will be reversed.</p> <p>An affidavit made by plaintiff’s attorney at law verifying a petition that “all the facts and allegations therein contained are true and correct to the best of his knowledge and belief” is not sufficient evidence in proof of the allegations of the petition to confirm a default.</p> <p>A case will be remanded for additional evidence when in so * doing the ends of justice' will be subserved.</p>