Provenza v. Auto for Rent, Inc.

AYRES, Judge.

This is an action in tort wherein plaintiff seeks to recover of the defendant dam*209ages allegedly occasioned by the extrajudicial and wrongful taking and repossession, on June 14, 1969, of a truck under lease to plaintiff by defendant. To plaintiff’s action, defendant urged pleas of prescription of one year under LSA-C.C. Art. 3536 and of res judicata as defined in LSA-C. C. Arts. 2286 and 3556 (31). From a judgment sustaining these pleas, plaintiff appealed.

Defendant-appellee has moved in this court for a dismissal of the appeal for the alleged failure to take and perfect the…