Sears v. Fontaine

CIACCIO, Judge.

Plaintiff filed a petition for in rem judgment to which defendant filed an exception of no right of action and an exception of no cause of action. The. district court sustained both exceptions and dismissed plaintiff’s suit at its cost. We reverse.

Plaintiff’s petition alleges that plaintiff sold defendant a television, a bed frame, a mattress, and a box spring, that defendant has not paid the whole price of the sale, and that plaintiff claims a vendor’s privilege on the merchandise alleged to be in defendant’s possession.

The peremptory exception of no cause of action challenges…