Tenney v. Abraham
Supreme Court of Louisiana
APPEAL from the Twentieth District Court, Parish of Lafourche. Beattie, J. It is not necessary to use in civil pleadings the words “ fraud,” “ error.” If the allegations of thepetilion tend to show fraud and error, evidence in support of the allegations will be admitted to prove them as though the words “ fraud,” “error,” were used. Moak’s Van Santvoord’s Pleadings; Bliss, Pleadings, Sec. 811.
1Opinion of the Court
The opinion of the court was delivered by
Watkins, J.
The plaintiff’s case is an injunction without bond, obtained under the provisions of Article 739 of the Code of Practice, against the defendant’s executory proceedings in the foreclosure of a special mortgage on plaintiff’s one-eighth interest in the Ravenswoodplantation.
The defendant’s counsel obtained an order, under the provisions of Article 741 of the Code of Practice, requiring plaintiff to prove the truth of his averments, else his injunction would be dissolved; and he filed contemporaneously therewith a peremptory exception to…
2Cited by2 opinions
- Massey v. JamesSupreme Court of Louisiana · 1924
- Julius Kessler & Co. v. E. F. Perilloux & Co.Court of Appeals for the Fifth Circuit · 1904