Gardiner v. Montegut

In an application for rehearing counsel for plaintiff-appellant suggests that, inasmuch as the plea of prescription which we sustained and on which we dismissed this suit was filed in this court and had never been, considered by the court a qua, we should have remanded the matter in order to afford to the trial court an opportunity to consider the plea and to appellant an opportunity to introduce such evidence touching upon the possible interruption of prescription as may be available.

We recognize the rule to the effect that where, in an appellate court, a plea of prescription is filed and in…