Terral v. Jones

TALIAFERRO, Judge.

Appeal in this case is prosecuted by plaintiff from a judgment of the lower court sustaining an exception of no cause or right of action and dismissing his suit. This ruling of the court a quo was made after the case had been tried on its merits and submitted for decision. After a thorough examination of the record and a studious consideration of the case, we found ourselves not in accord with the judgment appealed from, and therefore overruled the exception, reversed the judgment, and remanded the case for further proceedings, overlooking at the time the fact that a trial…