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Rule 730. Burden of Proofs

TEXT

If the property was taken from the possession of the claimant, the burden of proof shall be on the plaintiff. If it was taken from the possession of the defendant in such writ, or any other person than the claimant, the burden of proof shall be on the claimant.

Source: Art. 7416, unchanged.

For context only: Art. 7417. Damages. In all trials of the right of property under the provisions of this title, if the claimant shall fail to establish his right to the property, the court or justice trying the same shall give judgment against all the obligors in the claimant's bond for ten per cent damages on the value of the property.

For context only: Art. 7418. If Value of Property Exceeds Judgment. When such value is greater than the amount claimed under the writ, by virtue of which such property was levied upon, the damages shall be on the amount claimed under said writ.

Oct. 29, 1940, eff. Sept. 1, 1941.

Repealed by order of June 10, 1980, eff. Jan. 1, 1981.