Goodrich v. Newell
Supreme Court of Louisiana
APPEAL from the Seventeenth District Court for the Parish of East Baton Rouge. Buckner, J. In a suit to annul a judgment brought within a year from its-date the judgment attacked can not be pleaded as res judicata. 82 An. 13, Holbrook vs. Holbrook. Otherwise the action of nullity would be a farce anda mockery, since the existence of the judgment attacked (which alone’givcs the right and the occasion to the action of nullity) would be itself a bar to proceedings to annul it.
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APPEAL from the Seventeenth District Court for the Parish of East Baton Rouge. Buckner, J. In a suit to annul a judgment brought within a year from its-date the judgment attacked can not be pleaded as res judicata. 82 An. 13, Holbrook vs. Holbrook. Otherwise the action of nullity would be a farce anda mockery, since the existence of the judgment attacked (which alone’givcs the right and the occasion to the action of nullity) would be itself a bar to proceedings to annul it. In other words, the same fact, to-wit: the existence of the judgment would be at one and the same time the foundation…
1Opinion of the Court
On Motion to Dismiss.
The opinion of the court was delivered by
Bermudez, O. J.
The defendant and appellee moves to dismiss, on the ground that the amount involved is less than $2000, and that in order to confer jurisdiction on this court the appellant has inflated his demand with a fictitious claim for damages.
In the absence of any evidence from which it could be ascertained whether the claim has been, or not, inflated, and as the petition is sworn to by the plaintiff therein, and states a claim exceeding $2000, the motion has no bottom to stand upon.
Motion denied.
2Cited by9 opinions
- Goldman v. ThomsonLouisiana Court of Appeal · 1926
- Templet v. BabbittSupreme Court of Louisiana · 1940
- Accardo v. DimiceliLouisiana Court of Appeal · 1953
- Angelette v. HardieLouisiana Court of Appeal · 1951
- Streat v. Unity Industrial Life Ins. Co.Louisiana Court of Appeal · 1932
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