BOGAN v. BYROM

No. 812.

151 So.2d 718 (1963)

Mary BOGAN as Tutrix of and for the use and benefit of Calvin Reed, Plaintiff and Appellant, v. Emmette Charles BYROM, Defendant and Appellee.

Court of Appeal of Louisiana, Third Circuit.

April 9, 1963.


Attorney(s) appearing for the Case

Rogers & McHale, by Jack Rogers, Lake Charles, for plaintiff-appellant.

Hall, Raggio & Farrar, by Thomas L. Raggio, Lake Charles, for defendant-appellee.

Before FRUGÉ, TATE and HOOD, JJ.


HOOD, Judge.

This is an action for damages arising out of a motor vehicle collision. The suit was instituted by Mary Bogan, in her alleged capacity as "mother of and tutrix of Calvin Reed, a minor, and for the use and benefit of said minor." The trial court sustained an exception of "Lack of Procedural Capacity" filed by defendant, and allowed plaintiff a period of time within which to substitute the proper parties. Plaintiff failed to make the required substitution...

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