Monroe Grocer Co. v. J. A. Perdue & Co.

Citations

• 123 La. 375
• 48 So. 1002
• 1909 La. LEXIS 713

Syllabus

<p>1.Garnishment (§ 130*) — Proceedings to Enforce — Offset by Garnishee.</p> <p>The damages claimed by him as an offset had not been liquidated. He could not plead an unliquidated claim in compensation of an amount which he owed to his creditor, whose claim was garnished.</p> <p>[Ed. Note. — For other cases, see Garnishment, Cent. Dig. § 259; Dec. Dig. § 130.*]</p> <p>2. Garnishment (§ 14G*) — Reopening Case-Discretion of Court.</p> <p>The contract which the garnishee offered irt evidence, after the testimony had been introduced on the motion to traverse the answers and after the argument, did not show that the claim for damages was liquidated. It was not timely offered.</p> <p>[Ed. Note. — For other cases, see Garnishment, Dec. Dig. § 146.*]</p> <p>3. Trial (§ 377*) — Reopening Case — Discretion of Court.</p> <p>It was within the discretion of the trial court to reopen the case, or not, at the point at which application was made to reopen the case.</p> <p>[Ed. Note. — For other cases, see Trial, Dec. Dig. § 377.*]</p> <p>4. Set-Off and Counterclaim (§ 35*) — Compensation— Liquidated Demands.</p> <p>Compensation takes place between two debts equally liquidated and demandable.</p> <p>[Ed. Note. — For other cases, see Set-Off and Counterclaim, Cent. Dig. §§ 58-64; Dec. Dig. § 35.*]</p> <p>5. Garnishment (§ 130*) — Proceedings to Enforce — Offset by Garnishee.</p> <p>There was no positive evidence that the garnishee would ever succeed in proving his claim.</p> <p>[Ed. Note. — For other cases, see Garnishment, Dec. Dig. § 130.*]</p> <p>(Syllabus by the Court.)</p>