Legal Opinion

Stubbs v. Fleming

Supreme Court of Louisiana

Decided June 29, 1914No. 20660PublishedCited by 4 opinions

Action by Guy Stubbs against Glen Fleming. Judgment for plaintiff, and defendant applies for certiorari or writ of review.

1Opinion of the CourtMonroe, C. J.

Defendant having applied for a writ of review in this matter, and this court having ordered that same be granted, plaintiff now moves that the order be rescinded and the writ recalled, for the reason that the application therefor—

“was not sworn to in accordance with law, and especially Act No. 191 of 1898, * * * the affidavit * * * having been made by the attorney for the applicant, instead of the applicant himself, with nothing to show that the applicant, Glen Fleming, was absent or incapable of making affidavit in person.”

We are of opinion that the motion must be sustained. This court has…

2Cases cited1 opinion

  1. North British & Mercantile Ins. v. SimsSupreme Court of Louisiana · 1913

3Cited by4 opinions

  1. Jackson v. Petrie & McFarlandSupreme Court of Louisiana · 1931
  2. Haas v. Opelousas-St. Landry Bank & Trust Co.Supreme Court of Louisiana · 1928
  3. Jackson v. Petrie & McFarlandSupreme Court of Louisiana · 1931
  4. State v. WynneSupreme Court of Louisiana · 1923

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