Gravier's Curator v. Carraby's
Supreme Court of Louisiana
On an application for a rehearing. This case comes np on an application for a rehearing. recapitulated the facts of. the case and urged a rehearing on the ground that the decision was erroneous, in considering the exception filed in this court as going to extinguish the cause of action.
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On an application for a rehearing. This case comes np on an application for a rehearing. recapitulated the facts of. the case and urged a rehearing on the ground that the decision was erroneous, in considering the exception filed in this court as going to extinguish the cause of action. He then proceeded to show that the exception on file is not a peremptory exception founded on law, but simply a demurrer to the sufficiency of the allegations of the petition, and which could not be pleaded in the supreme court. 2. That, even if the exception had been what it was supposed to be, if it had…
1Opinion of the CourtBullard, J.
In this case the plaintiff’s counsel has asked for a rehearing, and has urged several arguments in support of it. We have kept the case under advisement a long time, and maturely considered the arguments adduced, and now proceed to state the reasons why we think the application should be overruled.
The counsel for the plaintiff does not controvert the general principles laid down by the court, as applicable to cases such as this was supposed to be, but he does not admit that the exception set up by the counsel for the defendant, is such a peremptory exception as may be pleaded in this court.…
2Cited by8 opinions
- Antoine v. SmithSupreme Court of Louisiana · 1888
- McQueen v. SandelSupreme Court of Louisiana · 1860
- Schmidt v. BarkerSupreme Court of Louisiana · 1865
- Sloan v. StevensonSupreme Court of Louisiana · 1872
- Consolidated Companies v. AngellozLouisiana Court of Appeal · 1936
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