ALLEN v. MICHELL

No. 6455.

303 So.2d 214 (1974)

Ned ALLEN v. Dale MICHELL, d/b/a Dale's Esso Service Center.

Court of Appeal of Louisiana, Fourth Circuit.

November 7, 1974.


Attorney(s) appearing for the Case

Earl J. Schmitt, Jr., New Orleans, for plaintiff-appellant.

Richard G. Steiner, Gretna, for defendant-appellee.

Before LEMMON, GULOTTA and SCHOTT, JJ.


SCHOTT, Judge.

Plaintiff Allen appeals from a dismissal of his suit to annul a default judgment taken against him by defendant Michell. Allen alleged that the default judgment was based on a false statement of account, that Michell knew there was no balance due on the account, that after the judgment was taken Allen appeared in response to a judgment debtor rule whereupon he presented certain evidence of payment to Michell's attorney, that subsequently on April 2...

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