Legal Opinion
Grant Timber & Mfg. Co. v. Gray
Supreme Court of Louisiana
Decided December 2, 1912No. 19,232PublishedCited by 13 opinions
Appeal from Fifth Judicial District Court, Parish of Winn; George Wear, Judge. Action by the Grant Timber & Manufacturing Company against George W. Gray. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtSommerville, J.
This is a petitory action brought in contravention of the fifty-fifth article of the Code of Practice, which provides:
“He who is sued in a possessory action cannot bring a. petitory action until after judgment shall have been rendered in the possessory action, and until, if he has been condemned, he shall have satisfied the judgment given against him.”
Defendant appears and shows that he had brought a possessory action against the plaintiff for possession of the land described in plaintiff’s petition; that said action is still pending in the same district court with this suit; and he asks for…
2Cases cited4 opinions
- Mott v. HopperSupreme Court of Louisiana · 1906
- Nicol v. Illinois Central RailroadSupreme Court of Louisiana · 1892
- Smith v. Grant Timber & Mfg. Co.Supreme Court of Louisiana · 1912
- Collins v. Dalton Clark Stave Co.Supreme Court of Louisiana · 1911
3Cited by13 opinions
- Loeblich v. GarnierLouisiana Court of Appeal · 1959
- Plaisance v. CollinsLouisiana Court of Appeal · 1978
- Stinchcomb v. Oklahoma CitySupreme Court of Oklahoma · 1921
- Harvey v. HavardSupreme Court of Louisiana · 1973
- Fitzsimmons v. CassityLouisiana Court of Appeal · 1937
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