Haynes v. Davis

COVINGTON, Judge.

This is an appeal from a judgment in favor of plaintiff, Benjamin Haynes, and against defendants, Joseph Bryan Clem-mons and Catherine L. Clemmons, heirs of the deceased defendant, Sheriff Bryan Clemmons, in the sum of $6,000.00.1

In this Court, for the first time, the appellants have filed a peremptory exception of prescription.2 The basis for the exception is that the date on which the alleged tort occurred was November 22, 1967, instead of November 29, 1968,3 as alleged, so that under the one-year prescriptive period provided by LSA-C.C. art. 3536, the suit has prescribed.…