Legal Opinion

Lomax v. Phillips

Supreme Court of Louisiana

Decided January 4, 1905No. 15,303Published

Certiorari to Court of Appeal, First Circuit. Action by George M. Lomax and others against W. H. Phillips. Judgment for plaintiffs was reversed by the Court of Appeal, and plaintiffs apply for certiorari or writ of review.

1Opinion of the Court

Statement of the Case.

NICHOLLS, J.

This suit was instituted in the Fourth Judicial District Court for the parish of Lincoln. Defendant, after filing an exception of no cause of action, which was overruled, answered. The case was then tried on the merits; the trial resulting in a judgment in favor of the plaintiffs against defendant, from which judgment he appealed to the Court of Appeal, First Circuit. Appellees answered the appeal, praying that the judgment appealed from he amended and made to conform to that prayer. The latter court sustained defendant’s exception of no cause of action,…

2Cases cited11 opinions

  1. President of Cincinnati v. Lessee of WhiteSupreme Court of the United States · 1832
  2. City of Shreveport v. WalpoleSupreme Court of Louisiana · 1870
  3. Blanc v. MurraySupreme Court of Louisiana · 1884
  4. Sheen v. StothartSupreme Court of Louisiana · 1877
  5. City of Baton Rouge v. BirdSupreme Court of Louisiana · 1869

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