Sollie v. Means

GLADNEY, Judge.

The plaintiff, William N. Sollie, filed suit against the defendant, Henry F. Means, on June 16, 1951 and obtained a default judgment on November 5, 1951. From this judgment the defendant has perfected a devolutive and suspensive appeal and has filed in this Court an exception of no cause of action which raises the main issue herein involved.

In support of the exception it is argued that plaintiff’s petition contains only conclusions of fact insufficient to entitle plaintiff to judgment. We are in accord with the general rule cited that on confirmation of default the legal…