Mutual National Bank v. Moore

Citations

• 104 La. 150

Syllabus

<p>Syllabus.</p> <p>1. One enjoining tile execution of a judgment against himself carries the burden of proving his averment that the judgment was obtained upon an obligation for which there was no consideration.</p> <p>2. • Failure of. the receiver to produce a list of assets in compliance with his promise to counsel in open court not followed by objection, and a bill of exceptions, affords- no reason for setting aside a judgment, on the ground that the list does not contain the judgment as one of the assets.</p> <p>3. The petition of defendant for an injunction only makes proof of allegations made for an injunction, but not of the facts alleged.</p> <p>4. One who alleges that his paper was used as accommodation paper must prove the fact.</p> <p>5. The one who plaintiff alleges was the principal debtor was not examined as a witness to prove the payment alleged and no testimony was offered by either of the debtors.</p> <p>6. The books and papers of the bank, with the exception of a few, had all been destroyed. Incompleteness of the record in the present condition of affairs is not ground to annual and set aside a judgment, on the ground of payment when there is no evidence by the one alleging payment showing that payment has been made as alleged.</p>