Legal Opinion

Sterling v. Jones

Supreme Court of Louisiana

Decided March 30, 1970No. 49926PublishedCited by 13 opinions

1Opinion of the Court

*846McCALEB, Justice.

This is an action to annul a judgment taken by default on the ground that it was secured in violation of Article 2002(2) of the Code of Civil Procedure. The suit was dismissed in the trial court on an exception of no right or cause of action. On appeal the Court of Appeal, First Circuit, affirmed (see Sterling v. Jones, La.App., 222 So.2d 343), and, at plaintiffs’ instance, we granted certiorari. The salient facts as alleged in plaintiffs’ petition and as shown by the record of the proceedings1 in which the default judgment was secured are as follows:

On February 17, 1955…

2Cases cited4 opinions

  1. Succession of GilmoreSupreme Court of Louisiana · 1924
  2. Roy O. Martin Lumber Co. v. Saint Denis Securities Co.Supreme Court of Louisiana · 1954
  3. Alonso v. BowersSupreme Court of Louisiana · 1953
  4. Sterling v. JonesLouisiana Court of Appeal · 1969

3Cited by13 opinions

  1. Touro Infirmary v. American Maritime OfficerLouisiana Court of Appeal · 2009
  2. Smith v. LeBlancLouisiana Court of Appeal · 2007
  3. Gipson v. FortuneLouisiana Court of Appeal · 2010
  4. Estelle J. Wilson Mortuary, Inc. v. WakerLouisiana Court of Appeal · 1971
  5. Webb v. Polk Chevrolet, Inc.Louisiana Court of Appeal · 1982

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