Lemoine v. Dupuis

Louisiana Court of Appeal

Lemoine v. Dupuis

2 La. App. 734, 1925 La. App. LEXIS 247

CourtLouisiana Court of Appeal

DecidedJune 6, 1925

DocketNo. 2187

StatusPublished

This text of 2 La. App. 734 (Lemoine v. Dupuis) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lemoine v. Dupuis, 2 La. App. 734, 1925 La. App. LEXIS 247 (La. Ct. App. 1925).

Pincite

Opinion

CARVER, J.

This case is precisely similar to the case of the same plaintiff against Armand Dupuis this day decided, except that it involves different land and is against E- O. Dupuis instead of Armand Dupuis and Armand Dupuis did not appeal though the intervenor did.

Armand Dupuis not having appe’aled, the judgment of the lower court cannot be disturbed as to him.

But as between plaintiff and intervenor, for the reasons given in the case of Lemoine vs. E. O. Dupuis, it is decreed:

1. That the judgment of the lower court be set aside.

2. That plaintiff’s exception of no cause of action to the intervention be overruled, without prejudice to his right to plead prescription. .

3. That the- case be remanded to the lower court to be proceeded with in accordance with law and the views expressed in the above mentioned case of Arthur Lemoine. vs. E. O. Dupuis.

4. The costs of this appeal to be paid by plaintiff; those of the lower court •to await the final judgment.

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