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GARNETT v. ANCAR

No. 2730.

203 So.2d 812 (1967)

John GARNETT, d/b/a Empire Cash Store, v. Leon ANCAR.

Court of Appeal of Louisiana, Fourth Circuit.

November 6, 1967.

Attorney(s) appearing for the Case

Morphy, Freeman & Batt, A. D. Freeman, Jr., New Orleans, for plaintiff-appellant.

Emile E. Martin, III, Belle Chasse, for defendant-appellee.

Before YARRUT, SAMUEL and HALL, JJ.

HALL, Judge.

On May 18, 1964 John Garnett d/b/a Empire Cash Store brought suit against Leon Ancar for $1,040.21 on an open account for groceries and other items.

Ancar was personally served with process on May 22, 1964. On May 29, 1964 Ancar's attorney filed a prayer for oyer of the sales slips evidencing the account and obtained an order commanding plaintiff under penalty of dismissal of his suit as of non suit to produce and file the sales slips within ten...

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