Commercial Nat. Bank v. Smith
Supreme Court of Louisiana
Appeal from First Judicial District Court, Parish of Caddo; E. P. Mills, Judge. Action by the Commercial National Bank against B. B. Smith and others. Prom a judgment maintaining an exception of no cause of áction and dismissing the suit, plaintiff appeals.
1Dissent
MONROE, O. J.
(dissenting). An exception of “no cause of action,” directed against the petition originally filed herein, having been argued, plaintiff’s counsel, before the court acted thereon, filed a supplemental petition, with a view of correcting the omissions in the original, to which attention had thus been drawn. The citation upon the supplemental petition was addressed to, and served on, “J. S. Atkinson, attorney of record.” The trial judge held that the service was bad, for the reason that the counsel upon whom it was made had appeared specially, alleging that they did so only for the…
2Cases cited11 opinions
- Davis v. Arkansas Southern R.Supreme Court of Louisiana · 1906
- Goldsmith v. VirginSupreme Court of Louisiana · 1909
- Succession of KingSupreme Court of Louisiana · 1909
- State ex rel. Yazoo & Mississippi Valley Railroad v. MontegudoSupreme Court of Louisiana · 1896
- Butler v. StewartSupreme Court of Louisiana · 1866
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