Succession of Reynolds
Supreme Court of Louisiana
1ConcurrenceMcCALEB, Justice
I agree that the plea of res judicata is well founded for not only is there an identity of demands and parties hut this suit is founded on the same cause of action as that set forth in the second suit. See Succession of Reynolds, 228 La. 640, 83 So.2d 885. As pointed out by the majority opinion, that suit, like this one, had for its obj ect the invalidity of the will dated August 3, 1948 on the basis that its correct date was August 3, 1945 and 'that, since there were two wills bearing that date, each having a revoking clause, the decedent died intestate. Thus, the cause of action there was…
2Cases cited4 opinions
- Quarles v. LewisSupreme Court of Louisiana · 1954
- P. Olivier & Sons, Inc. v. Board of Com'rsSupreme Court of Louisiana · 1935
- Norton v. Crescent City Ice Mfg. Co.Supreme Court of Louisiana · 1933
- Succession of ReynoldsSupreme Court of Louisiana · 1955