Legal Opinion

Wall v. Rabito

Supreme Court of Louisiana

Decided March 31, 1919No. 22080PublishedCited by 3 opinions

Appeal from Civil District Court, Parish of Orleans; George H. Théard, Judge. Petitory action by W. W. Wall against Mrs. A. P. Rabito. Judgment for plaintiff condemning defendant to pay costs, and defendant appeals.

1Opinion of the CourtProvo Sty, J.

Plaintiff sued for the recovery of certain real estate of which defendant had possession. There was judgment against defendant condemning her to deliver up the property and to pay the costs of the suit. Thereupon, in order to close the door upon all possible controversy as to whether the officers of court had properly or not charged the costs, plaintiff took the usual rule to fix costs. Instead of answering simply yes or no as to whether these costs had been properly charged or not, the defendant has sought to plead in compensation of these costs an alleged claim for taxes paid upon the…

2Cited by3 opinions

  1. Succession of MoodySupreme Court of Louisiana · 1963
  2. Crichton v. KrouseLouisiana Court of Appeal · 1933
  3. Jefferson v. Lauri N. Truck LinesSupreme Court of Louisiana · 1939

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