BENJAMIN v. NATIONAL SUPER MARKETS, INC.

No. 59872.

351 So.2d 138 (1977)

Catherine BENJAMIN and Fred Benjamin, Plaintiffs-Relators, v. NATIONAL SUPER MARKETS, INC., Defendant-Respondent.

Supreme Court of Louisiana.

October 10, 1977.


Attorney(s) appearing for the Case

Gerald P. Aurillo, Metairie, for plaintiffs-relators.

William M. Barnett, Guste, Barnett & Shushan, New Orleans, for defendant-respondent.


TATE, Justice.

The trial court granted plaintiffs the right to appeal in forma pauperis. La.C. Civ.P. Arts. 5181 et seq. After hearing, the trial court denied the defendant's motion to traverse the plaintiffs' indigency. It held that the evidence proved that the plaintiffs were unable to prosecute their appeal because of lack of financial means, unless permitted to do so in forma pauperis.

The court of appeal granted supervisory writs and reversed this holding...

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