Finuf v. Johnson

AYRES, Judge.

Writs of certiorari, mandamus, and prohibition were granted to review the propriety of an action of the court below in striking from the record defendant’s motion for a new trial.

The motion to strike is predicated primarily upon the proposition that no service of the motion for a new trial nor notice of the time and place assigned for a hearing thereon was made upon or given plaintiff or his counsel as contemplated by LSA-C.C.P. Arts. 1314 and 1976.

In the judgment of which defendant complains, plaintiff was decreed the owner and, as such, entitled to the possession of a described…