PARKS v. WINNFIELD LIFE INSURANCE COMPANY

No. 5567.

336 So.2d 1021 (1976)

Eric W. PARKS, Plaintiff and Appellant, v. WINNFIELD LIFE INSURANCE COMPANY et al., Defendants and Appellees.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied September 20, 1976.

Writ Refused November 30, 1976.


Attorney(s) appearing for the Case

Riddle, Bennett & Ryland, by John T. Bennett, Marksville, for plaintiff and appellant.

Gahagan & Gahagan, by H. C. Gahagan, Jr., Natchitoches, for defendants and appellees.

Before HOOD, CULPEPPER and MILLER, JJ.


CULPEPPER, Judge.

This is a suit for damages resulting from an alleged malicious prosecution. From a judgment sustaining an exception and dismissing his suit, plaintiff appealed.

The substantial issues on appeal are: (1) Where evidence is received without objection at a hearing on an exception of no cause of action in advance of trial of the case, should that evidence be considered in deciding the exception? (2) Does plaintiff's petition state a cause of action...

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