Brazier v. Pride of Donaldsonville Tabernacle No. 40

SACHSE, Judge ad hoc.

We have heretofore rendered a decision in this matter affirming the decision of the trial Court in each of these cases. A rehearing has been applied for and we have carefully considered the authorities relied upon in the brief submitted in support thereof, particularly the case of Gilmore v. Schenck, 115 La. 386, 402, 39 So. 40, but we do not think these authorities are pertinent to the question of prescription. We agree that if no question of prescription is raised in the trial Court such a plea may be filed for the first time in the appellate Court, if based on the face…