Rex-Metallic Casket Co. v. Gregory

AYRES, Judge.

Plaintiff has appealed from a judgment sustaining an exception of no cause of action. The appellee has moved for a dismissal of the appeal on the ground that a party is without right of appeal from a judgment rendered in accordance with his prayer or motion.

A résumé of the proceedings is a prerequisite to a consideration of the issue presented. The minutes reflect that simultaneously with the filing of an exception of no cause of action defendant filed an answer denying generally the allegations of plaintiff’s petition. The exception was referred to the merits. Following this…