Davis v. Lindsay Furniture Co.

The majority opinion concedes that the petition, considered alone, does not disclose a cause of action, but it holds that certain admissions and allegations of fact of the answer, which was filed prior to the filing of the exception, had the effect of infusing a cause of action which otherwise was not shown to exist.

In the case of State ex rel. Barthe v. City of New Orleans, 130 La. 196, 57 So. 798, the Supreme Court decided that: ,

“The exception of no cause of action has to be disposed of on the face of the petition, irrespective of the allegations of the answer.”

And later, to the same…