Legal Opinion · Concurrence

Picard v. Mutual Life Ins. Co. of New York

Supreme Court of Louisiana

Decided November 12, 1946No. 38246Published

1ConcurrenceFournet, Justice

I do not subscribe to that part of the majority opinion maintaining the defendant’s plea of res judicata for as was very aptly pointed out in the case of State v. American Sugar Refining Company, 108 La. 603, 32 So. 965, “The law of res judicata is stated with great simplicity and precision by article 2286, Civ.Code, as follows: ‘The authority of the thing adjudged takes place only with respect to what was the object of the judgment. The thing demanded must be the same; the demand must be founded on the same cause of action; the demand must be between the same parties, and formed by them…

2Cases cited6 opinions

  1. State v. American Sugar Refining Co.Supreme Court of Louisiana · 1902
  2. Bankson v. Mutual Ben. Health & Accident Ass'nSupreme Court of Louisiana · 1945
  3. Succession of DurnfordSupreme Court of Louisiana · 1846
  4. West v. His CreditorsSupreme Court of Louisiana · 1848
  5. Edwards v. BallardSupreme Court of Louisiana · 1859

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