MERAUX v. ANDREWS

No. 525.

134 So.2d 419 (1961)

Joseph M. MERAUX and Land Investment Co. Inc. v. Dr. John D. ANDREWS.

Court of Appeal of Louisiana, Fourth Circuit.

November 6, 1961.


Attorney(s) appearing for the Case

Chaffe, McCall, Phillips, Burke & Hopkins and William E. Crawford, New Orleans, for plaintiffs and appellees.

Graham & Graham, Louis B. Graham, New Orleans, for defendant and appellant.

Before McBRIDE, REGAN and JOHNSON, JJ.


PER CURIAM.

A defendant, to be entitled to a suspensive appeal from a judgment ordering him to deliver possession of the premises which he occupies, must have answered the rule for possession under oath pleading an affirmative defense entitling him to retain possession of the premises. LSA-C.C.P. art. 4735.

In this case plaintiffs sought to evict defendant by summary proceedings under LSA-C.C.P. arts. 4702-4704 from a certain tract of land and the building...

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