R. J. Jones & Sons v. Hayes

Louisiana Court of Appeal

R. J. Jones & Sons v. Hayes

56 So. 2d 857, 1951 La. App. LEXIS 990

CourtLouisiana Court of Appeal

DecidedDecember 15, 1951

DocketNo. 7713

StatusPublished

This text of 56 So. 2d 857 (R. J. Jones & Sons v. Hayes) 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

R. J. Jones & Sons v. Hayes, 56 So. 2d 857, 1951 La. App. LEXIS 990 (La. Ct. App. 1951).

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Opinion

TALIAFERRO, Judge.

.This case was consolidated below for trial and here for argument with case No. 7712, La.App., 56 So.2d 853.

To preserve the lien and privilege granted by law to secure payment of the price of material, wares and other merchandise sued for in said suit No. 7712, plaintiff therein had registered in the mortgage records of Winn Parish the legal evidence of its lien and privilege, although no effort has been made by it to enforce same.

In the present suit (No. 7713), plaintiff, R. J. Jones and Sons, one of the defendants in suit No. 7712, sued out a rule on H. R. Hayes, the plaintiff in suit No. 7712, to show cause why the evidence of said lien and privilege should not be canceled and erased. Of course, the right to this relief wholly depended upon the outcome of said suit No. 7712 (No. 10436 below); and when that case was decided, as was done, that automatically disposed of the rule, and judgment was rendered dismissing same at the cost of plaintiff therein, who appealed. As we have affirmed the lower Court’s judgment in case No. 7712, it follows that the judgment in the present case should be affirmed; and, accordingly, that is now done at the appellant’s cost.

KENNON, J., not participating.

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TALIAFERRO, Judge.

.This case was consolidated below for trial and here for argument with case No. 7712, La.App., 56 So.2d 853.

To preserve the lien and privilege granted by law to secure payment of the price of material, wares and other merchandise sued for in said suit No. 7712, plaintiff therein had registered in the mortgage records of Winn Parish the legal evidence of its lien and privilege, although no effort has been made by it to enforce same.

In the present suit (No. 7713), plaintiff, R. J. Jones and Sons, one of the defendants in suit No. 7712, sued out a rule on H. R. Hayes, the plaintiff in suit No. 7712, to show cause why the evidence of said lien and privilege should not be canceled and erased. Of course, the right to this relief wholly depended upon the outcome of said suit No. 7712 (No. 10436 below); and when that case was decided, as was done, that automatically disposed of the rule, and judgment was rendered dismissing same at the cost of plaintiff therein, who appealed. As we have affirmed the lower Court’s judgment in case No. 7712, it follows that the judgment in the present case should be affirmed; and, accordingly, that is now done at the appellant’s cost.

KENNON, J., not participating.

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Bluebook (online)

56 So. 2d 857, 1951 La. App. LEXIS 990, Counsel Stack Legal Research, https://law.counselstack.com/opinion/r-j-jones-sons-v-hayes-lactapp-1951.

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