DocketNumber： 47070
Citation Numbers： 160 So. 2d 228, 245 La. 641
Judges： McCaleb
Filed Date： 2/14/1964
Status： Precedential
Modified Date： 4/6/2017
Supreme Court of Louisiana.
Writ refused. On the facts found by the Court of Appeal the result is correct.
FOURNET, C.J., is of the opinion that the judgment complained of is wrong and the writ prayed for granted. The judgment sought to have annulled was granted by a court of competent jurisdiction after proper service of citation was had on the defendant and after default and proper delays, hence could not be set aside except for the causes provided for such actions in Code of Civil Procedure and subject to the one year prescription therein provided.
McCALEB, J., thinks that a writ should be granted, being in accord with the views of FOURNET, C.J.
SANDERS, J., is of the opinion that a writ should be granted on the ground that the one year prescription of Article 2004, LSA-Code of Civil Procedure, is applicable to the action to annul the deficiency judgment.
Reed v. Meaux , 292 So. 2d 557 ( 1974 )
Wright v. Louisiana Power & Light , 951 So. 2d 1058 ( 2007 )
Ellerd v. Williams , 364 So. 2d 648 ( 1978 )
Schoen v. Burns , 321 So. 2d 908 ( 1975 )
Intern. Harvester Credit Corp. v. Majors , 467 So. 2d 1251 ( 1985 )
St. Mary v. St. Mary , 175 So. 2d 893 ( 1965 )
Credithrift of America, Inc. v. Williams , 426 So. 2d 339 ( 1983 )
France v. American Bank , 505 So. 2d 1175 ( 1987 )
Bush v. Lee , 443 So. 2d 702 ( 1983 )
Associates Discount Corporation v. Bankston , 246 So. 2d 335 ( 1971 )