Topic: varies based on whether evidence was introduced in the tria… · Go Syfert
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Topic #27994

3 canonical passages across 3 cases, quoted by 14 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Barkerding v. Whittaker.

#Case FlagCanonical passage Citers
1 Barkerding v. Whittaker Anchor
lactapp · 2018
green “varies based on whether evidence was introduced in the trial court at the hearing on the exception.” 6
2 London Towne Condo. Ass'n v. LONDON TOWNE
la · 2006
green “when prescription is raised by peremptory exception, with evidence being introduced at the hearing on the exception, the trial court's findings of fact on the issue of prescription are subject to the manifest error-clearly wrong standard of review.” 5
3 Carter v. Haygood
la · 2005
green “however, if prescription is evident on the face of the pleadings, the burden shifts to the plaintiff to show the action has not prescribed.” 3

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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