FOSTER v. McLAIN

No. 2844.

228 So.2d 492 (1969)

Robert P. FOSTER, Third-Party Plaintiff-Appellant, v. Mela Mae Durand McLAIN et al., Third-Party Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

October 30, 1969.


Attorney(s) appearing for the Case

Franklin & Keogh, by Charles W. Franklin, Baton Rouge, for third-party plaintiff-appellant.

Garrett, Ryland & Downs, by Donald M. Garrett, Alexandria, for third-party defendant-appellee.

Before TATE, SAVOY, and MILLER, JJ.


TATE, Judge.

This is an appeal from the dismissal of a third-party demand upon an exception of no cause of action.

The principal contention of error is that, in sustaining the exception of no cause of action, the trial court erroneously considered evidence not introduced or admissible on the trial of such exception. LSA-CCP Art. 931. However, we find that the trial court correctly sustained the exception on the basis of the allegations of the third-party petition...

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