Legal Opinion · Concurrence

Smith v. Southern Farm Bureau Casualty Insurance

Louisiana Court of Appeal

Decided December 1, 1966No. 1870Published

1ConcurrenceTate, Judge

The majority opinion reaches the correct result. However, it seems to me that a simpler ground is a preferable basis for the decision.

The plaintiff Alma Smith had brought suit in forma pauperis. She was therefore not required to pay costs as they accrued or to furnish security for them. LSA-C.C.P. Articles 5181-5188. The final judgment of the Supreme Court, affirming all lower court rulings in this respect, held her free from any liability for court costs. .

The simple basis for the decision, it seems to me, is forcefully stated in Southern Farm’s brief as follows:

“Theoretically and…

2Cases cited1 opinion

  1. Hebert v. D. Frugé, Contractor, Inc.Louisiana Court of Appeal · 1966

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