C. H. Rice & Son v. Payne
Supreme Court of Louisiana
Certiorari to Court of Appeal, Parish of Orleans. Action by C. H. Rice & Son against John Barton Payne, Agent. A judgment for plaintiff was affirmed by the Court of Appeal, and the Yazoo & Mississippi Valley Railroad Company applies for certiorari or writ of review.
1Opinion of the Court
On Motion to Dismiss Proceeding.
O’NIELL, J.
This suit was brought originally in the city court. The defendant, railroad company, filed an exception of no cause of action, which was overruled. The suit was then put at issue and tried on its merits ; and judgment was rendered in favor of plaintiff. On appeal, the exception of no cause of action was reargued and was sustained by the Court of Appeal. On application of plaintiff, a rehearing was granted, and the only question then argued was whether the petition disclosed a cause of action. The court overruled the exception of no cause of action…
2Cases cited2 opinions
- Broderick v. BluntSupreme Court of Louisiana · 1908
- Gaiennie Co. v. BouchereauSupreme Court of Louisiana · 1912
3Cited by3 opinions
- Small v. Baloise Ins. Co. of AmericaLouisiana Court of Appeal · 1998
- S. Pfeiffer & Co. v. R. F. Mayer & Co.Louisiana Court of Appeal · 1925
- Francez v. FrancezSupreme Court of Louisiana · 1922