Naquin v. Naquin

MILLER, Judge pro tem.

(dissenting).

It is my understanding that the majority has held that the preliminary default taken three months after the pleadings were served on the defendant was prematurely entered and that under the provisions of LSA-C.C. Articles 823 et seq., and particularly Article 839, it is impossible to get a final disposition of a judicially fixed boundary by confirmation of a default. I respectfully dissent from these holdings.

The pertinent provisions of the Code of Practice of 1870, as amended, which were in effect at the time of the trial were Articles 310, 311 and 312. The…