Watt v. Creppel

McBRIDE, Judge.

The only question involved in this appeal is whether the plaintiffs have abandoned this suit within the meaning of Act 107 of 1898, amending R.C.C. art. 3519, LSA-C.C., which declares that whenever a plaintiff “shall at any time before obtaining final judgment allow five years to elapse without having taken any steps in the prosecution thereof, he shall be considered as having abandoned the same.”

The suit was filed by the initial plaintiff in January of 1947. Defendants filed exceptions which were overruled on February 14, 1947. They filed answer March 12, 1947. The last step…