Thomas v. Fuller
Thomas v. Fuller
Opinion of the Court
This is a suit for the price of a tract of land. The defendant, being a non-resident, an attachment was obtained, and Cooper and others were garnisheed.
βThe object'of such interrogatories is to elicit the truth, and ample opportunity is afforded to the person interrogated to answer clearly, fully, unequivocally. If he does not properly avail himself of such opportunity it is his own fault. A practice once admitted of allowing suitors to amend their affidavits ad libitum would probably induce inconvenience and delays, and in many instances perjury.β 5 La. 83; 19 An. 374.
The appellee has asked for damages for a frivolous appeal, but he has waived that right by asking for an amendment of the judgment, although the amendment is refused.
It is ordered that the judgment of the lower court be affirmed with costs of appeal.
Rehearing refused.
Reference
- Full Case Name
- A. B. and N. B. Thomas v. Henry Fuller. James C. Cooper, Grarnishee
- Status
- Published