Curtis v. A. Lehmann & Co.

Citations

• 115 La. 40
• 38 So. 887
• 1905 La. LEXIS 609

Syllabus

<p>MASTER AND SERVANT — DISCHARGE—RECOVERY EOR SERVICES — WITNESSES—SPECIAL OATH.</p> <p>1. Refusal to accept the services of an employe, except on conditions violative of the terms of the contract of employment, is equivalent to a discharge. In such case the employes right to recover the salary for the unexpired term accrues at the moment of discharge, and becomes a vested right, which cannot be affected by the employe’s subsequently engaging his services to another, or by his refusal to return to the employment from which he had been discharged.</p> <p>2. Where witnesses were duly “sworn on the Bible,” as required by the -Code of Practice, objection that they should have been sworn in the mode prescribed by their particular religion is without merit, where it does not appear that the witnesses considered such mode of swearing more obligatory than the mode prescribed by law. Moreover, the matter was within the sound discretion of the trial judge, and his refusal to administer a special oath is not reversible error.</p> <p>(Syllabus by the Court.)</p>