HARDY v. KIDDER

No. 52981.

292 So.2d 575 (1973)

Abel HARDY, Sr., et al. v. Raymond KIDDER.

Supreme Court of Louisiana.

On Rehearing March 25, 1974.

Dissenting Opinion on Rehearing April 4, 1974.

Rehearing Denied April 26, 1974.


Attorney(s) appearing for the Case

Lawrence B. Sandoz, Jr., Sandoz, Sandoz & Schiff, Opelousas, for defendants-applicants.

Paul J. Hardy, Willis & Hardy, St. Martinville, for plaintiff-respondent.


MARCUS, Justice.

The sole issue for our consideration in this proceeding is whether the trial judge abused his discretion in denying defendant's motion for a new trial under the circumstances where a default judgment had been confirmed and the failure to answer plaintiff's petition and plead the special defense of a prior discharge in bankruptcy was through the sole neglect of defendant's retained counsel. It is contended that the trial judge abused his discretion...

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