West v. Ray

KENNON, Justice.

This is an appeal from a judgment sustaining an exception of no cause and no right of action and dissolving a writ of attachment issued upon a petition in which it is alleged that the plaintiff and defendant had obligated themselves in solido on a promissory note, which plaintiff paid in full, after calling in vain upon the defendant for his one-half share.

The petition also set forth that the funds obtained were used in a joint venture and the defendant filed exception of no cause and no right of action on the ground that the petition thus set up the existence of a.…