Vives v. Robertson

Citations

• 52 La. Ann. 11

Syllabus

<p>Syllabus.</p> <p>while It has been repeatedly held to be sufficient allegation, when supported by plaintiff’s oath, to authorise the granting of the order and the issuance of a writ of sequestration, that the affiant fears that the defendant will conceal, part with or dispose of the property on which he asserts a privilege, during the pendency of the suit; yet it is permissible for the defendant to c.narge the untruthfulness of the affidavit, and upon sufficient proof to obtain the dissolution of the writ.</p> <p>This is the sense of all the adjudged cases in this court.</p> <p>In a settlement of accounts between landlord and tenant, and the mutual claims of the parties for and against each other, the party relying upon a contract either as supporting his own demand or disproving that of the other, carries the burden of establishing same by a preponderance of proof..</p>