Macarty v. Bureau
Supreme Court of Louisiana
Appeal from the Parish Court of New Orleans, Maurian, J. There was no answer to the rderits. The plea of prescription is .a peremptory exception. Code of Pract. art. 345. The Judge should have required proof of plaintiff’s claim. The plea of prescription does not, like that of payment, admit the existence of the debt. No presumption as to the merits cnn be drawn from such a plea. Civ. Code, arts. 2126, et seq. 3494, 3496, 3515.
1Opinion of the CourtMorphy, J.
The defendant being sued for four months rent of a store, ending on the 30th of April, 1842, at the rate, of $100 per month, interposed a frivolous exception, which being overruled, he filed a paper purporting to be an answer to the plaintiff’s petition, in which, without denying the facts therein alleged, he pleads prescription.* This plea being clearly inapplicable, as this suit was begun a few days after the last month had become due, and the plaintiff’s allegations not being denied, there was a judgment below against the defendant, from which he has appealed.
It is argued by his counsel,…
2Cases cited1 opinion
- Peet v. DoughertySupreme Court of Louisiana · 1844