Rosenthal v. Pierson

Citations

• 116 La. 96
• 40 So. 543
• 1905 La. LEXIS 764

Syllabus

<p>1. Limitations — Executors and Administrators—Claims Against Decedent.</p> <p>Where suit is brought for a balance alleged to be due upon an account, and a copy of the account, taken from the books of the defendant, fails to show the existence of such relations between the parties as will afford an answer to the plea of the prescription of three years, and no other evidence is offered, the plea is properly maintained. And particularly is this true of a suit brought against the administrator of a succession after what appears to be an unusual and unnecessary delay.</p> <p>2. Judgment—Fobm—Failure oe EvidenceNonsuit.</p> <p>Where it seems probable that the failure to offer the necessary evidence to establish a demand was merely the result of misapprehension as to the effect of the eviuence offered, the judgment should be one of nonsuit.</p> <p>(Syllabus by the Court.)</p>