No. 63 Precedential Remanded Processed

Brady v. McWilliams

Louisiana Supreme Court · Filed August 15, 1867 · 70 La. Ann. 433

Also decided on this docket: La. Ct. App. 1st Cir., April 3, 1961 128 So. 2d 712; La. Ct. App. 1st Cir., July 1, 1881 1 McGl. 75; La., July 15, 1869 21 La. Ann. 465; La. Ct. App. 3d Cir., June 19, 1961 131 So. 2d 600

Opinion text

Hxiian, O. J. The plaintiff obtained judgment against the defendant on a contract exceeding $500, which was not reduced to writing, on the evidence of one witness only of the contract, without any proof of circumstances sustaining his evidence; and the defendant has appealed from the judgment. The evidence is insufficient to justify the judgment, as such contracts must be proved by at least one credible witness, and other corroborating circumstances. See Civil Code, Art. 2257. Let jhe judgment of the District Court be reversed, and let the case be remanded to the District Court to be proceeded with according to law; the plaintiff to pay cost of appeal.