Badie v. Marshall

I do not disagree with the correctness of the conclusions reached in the majority opinion. However, those conclusions are concerned only with the issue raised by the filing of a defendant exception of prescription in the Supreme Court (apparently in connection with defendant’s application for writs) and, in my view, this court is without jurisdiction1 to consider that exception. No such exception was filed in the trial court, and although one was filed in this court, it was filed only after the case had been submitted for a decision and after our opinion and decree had been handed down.

Under…