Holahan v. Phillips

W. A. CULPEPPER, Judge ad hoc.

Alleging that he is the duly qualified Trustee in Bankruptcy of Leby Manufacturing Company, Inc., plaintiff filed this suit to enforce a lien for certain materials furnished in the construction of improvements on property owned by the defendant. The defendant filed an exception of no right or cause of action, contending that the allegations of plaintiff’s petition are insufficient to show that he has a right as trustee to institute these proceedings, and, furthermore, that plaintiff has failed to state a cause of action in that he has failed to allege sufficient…