Houston Oil Field Material Co. v. Pioneer Oil & Gas Co.
Louisiana Court of Appeal
1Opinion of the Court
REDMANN, Judge.
On a previous appeal in this suit on a promissory note, La.App., 211 So.2d 681, *537we annulled and set aside a judgment against the present appellant, James R. Mary, because the original default judgment on the note had been amended on ex parte motion to add Mary’s name. We held that the attempted correction could not be accomplished by ex parte motion since the change was one of substance; LSA-C.C.P. art. 1951.
This appeal requires us to review our then obiter dictum that “the correction where the error is one of substance can be made by any appropriate contradictory proceeding *…
2Cases cited22 opinions
- Allen v. Commercial National Bank in ShreveportSupreme Court of Louisiana · 1962
- Villars v. FaivreSupreme Court of Louisiana · 1884
- Lacaze v. HardeeLouisiana Court of Appeal · 1941
- Factors & Traders' Insurance v. New Harbor Protection Co.Supreme Court of Louisiana · 1887
- Rule of Pilcher v. AndersonSupreme Court of Louisiana · 1881
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3Cited by9 opinions
- Mitchell v. Louisiana Power & Light Co.Louisiana Court of Appeal · 1980
- Cooley v. Allstate Ins. Co.Louisiana Court of Appeal · 1983
- Levy v. StellyLouisiana Court of Appeal · 1972
- Wagenvoord Broadcasting Co. v. BlanchardLouisiana Court of Appeal · 1972
- Cross v. Timber Trails ApartmentsLouisiana Court of Appeal · 2007
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