FINUF v. JOHNSON

No. 11114.

216 So.2d 151 (1968)

Marion W. FINUF, Plaintiff-Appellee, v. Edward E. JOHNSON, Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied December 3, 1968.

Writ Refused January 20, 1969.


Attorney(s) appearing for the Case

Hargrove, Guyton, Van Hook & Ramey, Shreveport, for plaintiff-appellee.

Ford E. Stinson, Benton, for defendant-appellant.

Before GLADNEY, AYRES, and BOLIN, JJ.


AYRES, Judge.

Writs of certiorari, mandamus, and prohibition were granted to review the propriety of an action of the court below in striking from the record defendant's motion for a new trial.

The motion to strike is predicated primarily upon the proposition that no service of the motion for a new trial nor notice of the time and place assigned for a hearing thereon was made upon or given plaintiff or his counsel as contemplated by LSA-C. C.P. Arts. 1314...

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