Brock v. Messina

On Application for Rehearingl

Plaintiff in his original application for rehearing complained of our having dismissed the suit, as non-suit, contending that we should have remanded the case for further proceedings, citing the case of Cathey v. Henriques, 160 La. 692, 107 So. 493, in which the case of Richard v. Bird, 4 La. 305, 307 is cited with approval. The case of Cathey v. Henriques, supra, is not apposite to the case at bar. We have followed the case of Miller v. Cappel, 36 La.Ann. 264, as the proper procedure and decree.

In a supplemental application and brief, plaintiff cites the case of…