Legal Opinion

Demery v. Voelker

Louisiana Court of Appeal

Decided December 2, 1968No. 3183PublishedCited by 3 opinions

1Opinion of the Court

CHASEZ, Judge.

This appeal arises from a judgment which sustained defendants’ exceptions of prescription and no right and no cause of action and dismissed plaintiffs’ suit.

The plaintiffs are the co-owners of Lot 7, Square 1197, Third District of New Orleans. They alleged in their petition filed on November 18, 1966 and amended April 24, 1967, that the defendants Richard L. Voelker and Edmund T. Wegener by their negligence caused plaintiffs to lose a certain servitude on Lot 6, Square 1197 which adjoins plaintiffs’ lot. This servitude was allegedly to have taken the form of a community driveway…

2Cases cited3 opinions

  1. Marchand v. MiazzaLouisiana Court of Appeal · 1963
  2. Succession of Guidry v. Bank of Terrebonne & Trust Co.Louisiana Court of Appeal · 1966
  3. McGee v. DemeryLouisiana Court of Appeal · 1965

3Cited by3 opinions

  1. Hero Lands Co. v. BorelloLouisiana Court of Appeal · 1984
  2. Braud v. New England Ins. Co.Louisiana Court of Appeal · 1990
  3. Succession of LaSalle v. ClarkLouisiana Court of Appeal · 1987

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