Burdon v. West New Orleans Light & Traction Co.

Dinirelspiei; J.

This is the second appeal of the Southern Cotton Oil Company, in the a,hove case in this Court.

In the first case between the same parties, together with the West Hew Orleans Light & Traction Company, another defendant in this case, we decided:

"Miiinteining en exception of no cause of action based merely on defective pleadings, end not going to the merits of the controversy, does not form the bssis of res adjudica.ta."

14 Court of Appeal, page 310. Illinois Central R. R. C. vs. N. O. Terminal Co. 143 La. 537.

Exceptions of no cause of action if not passed-on in the lower court…