Escat v. National Bank of Commerce in New Orleans

STOULIG, Judge.

This is an appeal from a judgment maintaining an exception of no cause of action and dismissing plaintiff’s petition seeking damages for the illegal seizure of her property by the defendant in two different attempts to foreclose on her mortgage by executory process.

It is now so well established as to be beyond dispute that for the purpose of considering the merits of an exception of no cause of action the well-pleaded facts in the petition and any supporting attachments must be accepted as true, with all doubts of sufficiency resolved in favor of sustaining the cause of action.…