EVERETT v. SMITH

No. 5435.

291 So.2d 841 (1974)

Myrt EVERETT v. William A. SMITH.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied April 9, 1974.

Writ Refused May 24, 1974.


Attorney(s) appearing for the Case

Hartman C. Daniel, Metairie, for plaintiff-appellant.

James F. Quaid, Jr., Metairie, for defendant-appellee.

Before REDMANN, LEMMON and BAILES, JJ.


LEMMON Judge.

Plaintiff has appealed from a judgment maintaining defendant's exception of no cause of action in this action of nullity.

Plaintiff's petition for nullity alleges that the trial of the original case involving the same parties ended on July 26, 1965. However, the trial judge whom had heard the case on the merits resigned from office prior to rendering a judgment. Counsel for both parties thereafter stipulated that the original trial judge "may...

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