Jacobs v. Lagrange

Plaintiff’s suit is founded upon a claim represented by an open account. To this demand defendant excepted and pleaded the prescription of three years. After hearing evidence, the trial judge overruled the plea and though no answer had been filed nor default entered, he proceeded at the same time to render judgment in favor of plaintiff for the full amount of her claim. The trial judge evidently treated the plea of prescription as an answer, and he based his judgment upon the evidence submitted on the trial of that plea. That judgment appears to have been signed, though neither it nor the…