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10 La. 591

Many v. Parmly

Supreme Court of Louisiana

Decided February 15, 1837

Supreme Court of Louisiana · decided 1837-02-15

Eastern Dist. APPEAL PROM THE PARISH COURT, POR THE PARISH AND CITY OP NEW-ORLEANS. This is an action against the defendant, for the sum of four hundred and thirty-one dollars, which is claimed as a balance on a written contract for carpenter’s work, and for extra work done on a house.

Decided 1837-02-15

Martin, J.,

¶1delivered the opinion of the court.

¶2The defendant resisted the plaintiff’s claim for work and labor done on his house, on an allegation of its having been *592so unskilfully executed that it is of no value. Tbe plaintiff jia(j a verdict and judgment, and the defendant appealed.

Wherethetes-timony is eon-mere quéstíous dícfof’thejury" when it is not apparently erroneous, will not be disturbed.

¶3The case appears to us to turn on a single question of fact, to wit: whether the matter pleaded in defence has been established. No question of law is presented for our consideration.

¶4The testimony is somewhat contradictory. The jury, however, have come to the conclusion, that the defendant t>as failed to establish his defence. On a close examination 0f the testimony, it does not appear to us that the jury erred. 1 L °

¶5It is, therefore, ordered, adjudged and decreed that the judgment of the Parish Court be affirmed, with costs.

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