Nunez v. Bayhi

Citations

• 52 La. Ann. 1719

Syllabus

<p>Syllabus.</p> <p>1. Where, in a case involving the entire inheritance of one of the parties litigant, the main question is one of fraud, alleged to have been perpetrated to their prejudice, and it appears that important facts are within the knowledge of the other party, who does not take the stand, and of another person, whose testimony can be obtained without delaying the final determination of the case, the application for leave to obtain the testimony of such person should be granted, unless the parties making it are shown to have been guilty of great laches.</p> <p>2. When facts are shown which are sufficient to throw doubt upon the reality of a transaction, the burden of proof is shifted to those who know the truth, and, where they fail to furnish information within their knowledge, the presumptions of law are against them.</p> <p>3. Where it is manifest that evidence, improperly excluded by the trial court, on the one hand , and withheld by the advice of counsel, upon the other, is easily obtainable, and may serve to aid in the determination of an important issue, this court will, in its discretion, remand the case, in order that such evidence may be supplied.</p>