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21 La. Ann. 501

McStea v. Boyd

Supreme Court of Louisiana

Decided July 15, 1869

Supreme Court of Louisiana · decided 1869-07-15

<p>The burden of proof is on the plaintiff to show an interruption where the note sued on is ' prescribed-on its tace, and ii-none, is shown the xilea, will be maintained.</p>

Cited by 1 later decisions — most recently November 1919

1 state decisions

Relies on Devries v. Hiss

Good law ✅— No negative treatment on recordhow we know

Decided 1869-07-15

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Howeix, J.

¶1One of the defendant^, Frederic]* A. Blanks, has appealed from a judgment against h.iiij. and Iris, codefendant on three promissory notes, due respectively on thirteenth December, I860, first *502January and thirteenth. April, 1861, and against which they pleaded the prescription of five years. Citation was served on the appellant on the twenty-second September, 1866, more than five years after the maturity of each note and according to the settled jurisprudence and the law of this State, the plea is well taken. See act fifth March, 1852, p. 90, § 3; Smith v. Stewart, 21 A. 75; Rabel v. Pourcieau, 20 A. 131.

¶2It is therefore ordered that the judgment herein against Frederick A. Blanks be reversed, that there be judgment in his favor on plaintiff’s demand, with costs in both courts.

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