Blake v. Bredall
Supreme Court of Louisiana
In this case, a rehearing was applied for and granted. who are appellees, insisted that the plea of prescription had been overlooked, which was important, as regarded the claim of Wiltz, the appellant; and the ground on which the appellees relied for the confirmation of their judgment. 2. This claim is for supplies and things necessary for the equipment of the vessel, and is prescribed by one year.
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In this case, a rehearing was applied for and granted. who are appellees, insisted that the plea of prescription had been overlooked, which was important, as regarded the claim of Wiltz, the appellant; and the ground on which the appellees relied for the confirmation of their judgment. 2. This claim is for supplies and things necessary for the equipment of the vessel, and is prescribed by one year. Louisiana Code, 3499. Wiltz instituted suit the 4th February, 1839, and the whole bill, except eighty-one dollars, was furnished more than a year before that time; and was consequently prescribed…
1Opinion of the CourtBullard, J.
In this case a rehearing was granted, on the suggestion, that a plea of prescription set up by the plaintiff against the claim of Wiltz was not considered by the court; whereas it was clearly supported by evidence, except for a small amount. We have again had the case under consideration.
The plea of prescription is in vague terms. It is left doubtful whether it was the intention of the plaintiff and intervenors to avail themselves of the prescription, only so far as it relates to the privilege of Wiltz, or generally against his claim. These exceptions ought to be explicit and special. But it…
2Cited by5 opinions
- Succession of DrysdaleSupreme Court of Louisiana · 1912
- Mansfield v. DohertySupreme Court of Louisiana · 1869
- James F. O'Neil Co. v. CalhounLouisiana Court of Appeal · 1962
- James Demourelle & Sons v. VergezLouisiana Court of Appeal · 1907
- N. O. Texas & Mexico Railway Co. v. Lehman, Stern & Co.Louisiana Court of Appeal · 1920