Legal Opinion
City Stores Co. v. Petersen
Supreme Court of Louisiana
Decided November 6, 1972No. 52369PublishedCited by 7 opinions
1Opinion of the Court
SANDERS, Justice.
We granted supervisory writs to review the trial judge’s instanter rescission of an order waiving the prepayment of court costs by defendant because of poverty. We hold that the trial judge erred in rescinding the order without an evidentiary hearing and remand the case for further proceedings.
On November 5, 1971, City Stores Company filed suit against Quimet J. Petersen on an open account for merchandise. Pursuant to LSA-C.C.P. Article 5183, the defendant filed a motion for leave to proceed without the prepayment of costs. The motion was supported by the required affidavits.…
2Cases cited3 opinions
- Singleton v. First Nat. Life Ins. Co.Louisiana Court of Appeal · 1934
- Palmer v. Wyatt Lumber Co.Louisiana Court of Appeal · 1933
- City Stores Co. v. PetersenSupreme Court of Louisiana · 1972
3Cited by7 opinions
- Benjamin v. National Super Markets, Inc.Supreme Court of Louisiana · 1977
- Roy v. Gulf States Utilities CompanyLouisiana Court of Appeal · 1975
- Graves v. Kaiser Aluminum and Chemical Corp.Supreme Court of Louisiana · 1975
- Smith v. SmithLouisiana Court of Appeal · 1989
- T & S Feed Co., Inc. v. MeauxLouisiana Court of Appeal · 1976
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