JOHNSON v. JONES-JOURNET

No. 6551.

306 So.2d 827 (1974)

Ben D. JOHNSON, Sr. v. Geddes A. JONES-JOURNET et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied February 13, 1975.

Writ Granted March 21, 1975.


Attorney(s) appearing for the Case

A. M. Trudeau, Jr., New Orleans, for plaintiff-appellee.

Jesse James Marks, Dorsey & Marks, New Orleans, for defendant-appellants.

Before REDMANN, LEMMON and STOULIG, JJ.


REDMANN, Judge.

Reversing the trial court, we annul as obtained by "ill practices," C.C.P. art. 2004, a default judgment which, as appellee had prayed, cast appellant as solidarily liable on a promissory note on the face of which he was unmistakably liable only jointly.

The note holder has no semblance of grounds to consider himself entitled to collect his debt in full from one of six comakers of a note containing...

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