Legal Opinion

Erath Sugar Company v. Broussard

Supreme Court of Louisiana

Decided January 9, 1961No. 45302PublishedCited by 36 opinions

1Opinion of the Court

SANDERS, Justice.

In this proceeding, the plaintiff seeks to be decreed the owner and to be granted the undisturbed possession of a certain plot of land located in Vermilion Parish. The district court sustained an exception of no cause of action and dismissed the suit. The court of appeal 1 affirmed the judgment upon a holding that the plaintiff could not proceed under the Uniform Declaratory Judgments Act (LSA-R.S. 13:4231-13:4246) since its petition sets forth grounds for a petitory action.

In its application for writs, plaintiff asserted that this holding is in conflict with the case of…

2Cases cited10 opinions

  1. West v. RaySupreme Court of Louisiana · 1946
  2. Breaux v. LairdSupreme Court of Louisiana · 1956
  3. Burton v. LesterSupreme Court of Louisiana · 1955
  4. Florida Molasses Co. v. BergerSupreme Court of Louisiana · 1951
  5. Seale v. StephensSupreme Court of Louisiana · 1946

5 more not listed; retrieve them via the Exa API.

3Cited by36 opinions

  1. Hero Lands Company v. Texaco, Inc.Supreme Court of Louisiana · 1975
  2. Haskins v. ClarySupreme Court of Louisiana · 1977
  3. Pence v. KetchumSupreme Court of Louisiana · 1976
  4. Unwired Telecom v. Parish of CalcasieuSupreme Court of Louisiana · 2005
  5. Teachers'retirement System v. La. St. Employees Retirement SystemSupreme Court of Louisiana · 1984

31 more not listed; retrieve them via the Exa API.

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