Everett v. Smith

LEMMON Judge.

Plaintiff has appealed from a judgment maintaining defendant’s exception of no cause of action in this action of nullity.

Plaintiff’s petition for nullity alleges that the trial of the original case involving the same parties ended on July 26, 1965. However, the trial judge whom had heard the case on the merits resigned from office prior to rendering a judgment. Counsel for both parties thereafter stipulated that the original trial judge “may advise a district judge of the Twenty-Fourth Judicial District Court as to his findings in connection with this matter and that thereafter,…