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GEORGE KELLETT & SONS, INC. v. CONSUMERS L & S. CO., INC.

No. 5333.

274 So.2d 453 (1973)

GEORGE KELLETT & SONS, INC. v. CONSUMERS LUMBER AND SUPPLY CO., INC., et al.

Court of Appeal of Louisiana, Fourth Circuit.

March 7, 1973.

Attorney(s) appearing for the Case

Rhodes J. Spedale, Jr., of Dodge & Friend, New Orleans, for plaintiff-appellee.

Leroy J. Falgout, Metairie, for defendants-appellants.

Before REDMANN, LEMMON and GULOTTA, JJ.

REDMANN, Judge.

An Orleans parish court rendered a default judgment based on R.S. 9:4812 which cast Jefferson parish homeowners for $1,621.61 (in solido with their contractor) for materials supplied by plaintiff and recognized a materialmen's lien on their Jefferson parish home. The homeowners sued to nullify the judgment, C.C.P. art. 2002 subd. (3), on the ground that R.S. 9:4812 places jurisdiction exclusively in Jefferson. From judgment rejecting their nullity...

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