McBRIDE, Judge.
Certain of plaintiff's property was stolen and he filed this suit against his theft insurer seeking to recover $2,950, its value. The defendant deposited said sum in the registry of the lower court, and by judgment plaintiff was recognized as being entitled thereto. Plaintiff is also seeking to recover the penalty and a reasonable attorney's fee as provided for in LSA-R.S. 22:658, but the judge maintained defendant's exception of no cause of action...
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