ZATARAIN v. PORTERA

No. 20018.

63 So.2d 477 (1953)

ZATARAIN v. PORTERA.

Court of Appeal of Louisiana, Orleans.

Rehearing Denied March 23, 1953.

Writ of Certiorari Denied April 27, 1953.


Attorney(s) appearing for the Case

Montgomery, Barnett, Brown & Sessions and Arthur B. Hammond, Jr., New Orleans, for plaintiff and appellant.

James P. Vial, Hahnville, for defendant and appellee.


McBRIDE, Judge.

This appeal presents the question whether plaintiff had abandoned the case by reason of his failure to take steps towards its prosecution for five years during which time the defendant was in the armed forces.

Plaintiff instituted his suit on November 23, 1940, and after obtaining a delay in which to plead, defendant interposed an exception of vagueness.

Plaintiff amended his petition on March 22, 1941.

An answer was filed on...

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