Henderson v. Guerin

Citations

• 10 Teiss. 243
• 1913 La. App. LEXIS 68

Syllabus

<p>Syllabus.</p> <p>1. Answers to interrogatories on facts and articles must conform to the rules of evidence. Lafarge v. Ripley, 4 Martin, ■ N. 0,303.</p> <p>2. To contest his own acknowledgment of payment made by authentic act, or avail himself of an oral promise to transfer real property, a plaintiff who is without a written acknowledgment, must rely upon answers given by the defendant to interrogatories on facts and: articles. C. G., 2462, 2275, 2237, 11 La., 416.</p> <p>3. Answers to interrogatories on facts and articles, like other judicial confessions, cannot be divided against the party making them, -but must be taken entire., C. P., 356,- C. C,, 2291. ■</p> <p>4. Answers to interrogatories on facts and articles, when they must be relied upon by plaintiff to make out his case, stand as part of plaintiff’s own pleadings, and if they be destructive of his right of action, an exception of no cause of action will lie. Godwin vs. Neustadlt) 42 An., 735; Wells vs. Wells, 116 La., 1065.</p>