D'Arensbourg v. Chauvin

The judgment of the court, (Eustis, C. J., absent,) was pronounced by

Rost, J.

The pleadings in this case are so incomplete and inartificial, as to render it impossible to reach the merits.

Although there may be, in the former suit between the same parties, admissions of the present plaintiff, by which he is estopped from claiming the movables described in his petition, it is clear that, as the judgment in that case was one of nonsuit, the plea of res judicata cannot be predicated upon it.

The plaintiff took a bill of exceptions to the opinion of the judge, admitting evidence to prove two…