CITY STORES COMPANY v. PETERSEN

No. 52369.

268 So.2d 662 (1972)

263 La. 577

CITY STORES COMPANY v. Quimet J. PETERSEN.

Supreme Court of Louisiana.

November 6, 1972.


Attorney(s) appearing for the Case

Maurice R. Franks, New Orleans, for defendant-relator.

Guste, Barnett & Colomb, William M. Barnett, Sidney L. Shushan, New Orleans, for plaintiff-respondent.


SANDERS, Justice.

We granted supervisory writs to review the trial judge's instanter rescission of an order waiving the prepayment of court costs by defendant because of poverty. We hold that the trial judge erred in rescinding the order without an evidentiary hearing and remand the case for further proceedings.

On November 5, 1971, City Stores Company filed suit against Quimet J. Petersen on an open account for merchandise. Pursuant to LSA-C.C.P. Article...

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