Legal Opinion
W.B. McCartney Oil Co. v. Hataway
Louisiana Court of Appeal
Decided May 12, 1989No. 87-1346Published
1Opinion of the Court
KNOLL, Judge.
The sole issue in this appeal is whether the imposition of liability on the Clerk of Court for an alleged violation of the duty imposed on him by LSA-C.C. Arts. 3393 and 3394 requires the existence of privity of contract between the damaged party and the Clerk of Court.
On February 7, 1985, W.B. McCartney Oil Co., Inc. (hereafter McCartney) recorded notice of its claim, in proper form as required by LSA-R.S. 9:4861 et seq., the Louisiana Oil, Gas, and Water Lien Statute, in the mortgage records of Grant Parish against AED-American Energy, Inc. (hereafter AED-American).…
Also in this document: Dissent.
2Cases cited12 opinions
- Dixie Drive It Yourself System New Orleans Co. v. American Beverage Co.Supreme Court of Louisiana · 1962
- Hill v. Lundin & Associates, Inc.Supreme Court of Louisiana · 1972
- Entrevia v. HoodSupreme Court of Louisiana · 1983
- Pierre v. Allstate Insurance CompanySupreme Court of Louisiana · 1970
- Haskins v. ClarySupreme Court of Louisiana · 1977
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