Clement v. Breaux
Supreme Court of Louisiana
Action by Jules Clement against T. J. Breaux. Action dismissed by a justice, and plaintiff appealed, and, on an order to the district judge fixing a day for trial, defendant applies for writs of certiorari and prohibition.
1Opinion of the CourtProyosty, J.
Defendant was cited to show cause within two days why he should not be condemned to surrender the possession of leased premises. Within the two days he appeared, and demanded a trial of the case. The plaintiff was not expecting that the ease would be tried until the third day, and, in consequence, was not present. He was called at the door of the courthouse to appear and prosecute the suit, and, on his failing to appear, the justice of the peace proceeded with the case, heard the defendant’s evidence, and dismissed the suit as in case of nonsuit.
The next day the plaintiff appeared, and, on…
2Cases cited2 opinions
- McDonogh v. DutilletSupreme Court of Louisiana · 1848
- Phillips v. CassidySupreme Court of Louisiana · 1884
3Cited by2 opinions
- Houssiere-Latreille Oil Co. v. Jennings-Heywood Oil SyndicateSupreme Court of Louisiana · 1905
- Morgan v. LeoneLouisiana Court of Appeal · 1930