Smith v. Marino

This case has been before us on appeal. See 12 So.2d 71. That appeal was taken by plaintiff from a judgment sustaining an exception of no cause or right of action filed by the defendants. In that opinion, the allegations of plaintiffs petition are stated, and we see no reasons to re-state them. We reversed the judgment of the lower court and overruled the exception of defendants and remanded the case for further proceedings.

On November 18, 1940, Tony Marino, defendant, filed answer, with reservation of all exceptions urged and overruled, and in which answer he practically admitted the…