State ex rel. Stevens v. Babineaux

CULPEPPER, Judge.

Writs were granted to consider whether a preliminary judgment, obtained by plaintiff in a workmen’s compensation case,1 can be annulled by order of court pursuant to an ex parte motion of defendant, without notice or hearing. We hold that it cannot.

The facts are that relator, Griffith Stevens, filed this suit on June 10, 1966 for workmen’s compensation benefits arising out of an injury received while in the employment of the respondent, Clynes Babineaux. At the time suit was filed, an order was signed by the district judge fixing the case for trial on December 7, 1966.

On…