Legal Opinion · Dissent

Hilleren v. Patterson

Louisiana Court of Appeal

Decided May 13, 1974No. 6337Published

1DissentRedmann, Judge

Procedural law cannot be a labyrinth designed to impede reaching our goal of substantive justice. C.C.P. art. 5051 commands “due regard for the fact that rules of procedure implement the substantive law and are not an end in themselves.”

Appellant’s counsel received a notice of judgment by mail from the First City Court of New Orleans. C.C.P. art. 4898 states a procedural rule to the effect that notice of judgment by mail is never to occur :

“Notice of judgment shall be served [i. e., by the constable] on a defendant against whom judgment is rendered if the citation was not served on him…

2Cases cited2 opinions

  1. Broadway v. All-Star Insurance CorporationSupreme Court of Louisiana · 1973
  2. Sublet v. UnitedLouisiana Court of Appeal · 1973

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