Ciaccio v. Hartman

This is a possessory action involving two lots of ground on West End Boulevard in the city of New Orleans.

The defense is: (1) That the petition does not state a cause of action, in that it alleges conclusions of the pleader and of law and not ultimate facts showing actual possession ; and (2) that the evidence on the trial of the merits fails to show that plaintiff was in the actual possession of the property, at the time of the disturbance and for one year prior thereto.

The trial judge found against defendant on both contentions, and defendant has appealed.

The pertinent allegations of the…