Durrett Hardware & Furniture Co. v. Howze

HAMITER, Judge.

The petition in this cause alleges an indebtedness of defendant in the sum of $170 as the balance due on the purchase price of certain household furnishings. Plaintiff prays for judgment for that amount, plus interest and attorney’s fees, with recognition of an asserted vendor’s lien and chattel mortgage on the described property.

In bar of the claim, defendant tendered and urged a plea of prescription of five years. This was sustained by the trial court.

Subsequently, according to the court minutes, an order for a devolutive appeal was requested by plaintiff and was granted.

There…