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STEWART v. AVERY

No. 13099.

341 So.2d 590 (1977)

Dan W. STEWART, III, Plaintiff-Appellant, v. Don Wilton AVERY et al., Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

January 10, 1977.

Attorney(s) appearing for the Case

Stewart & Stewart by Dan W. Stewart, III, Minden, for plaintiff-appellant.

Campbell, Campbell & Johnson by Cecil P. Campbell, Minden, for defendants-appellees.

Fish & Montgomery by John W. Montgomery, Minden, for Webster Parish District Clerk of Court, third party plaintiff-appellee.

Before PRICE, HALL and JONES, JJ.

JONES, Judge.

Dan W. Stewart brought a possessory action against Don Wilton Avery and Louie B. Moore on December 2, 1970. Judgment was rendered and signed on April 12, 1973, in favor of plaintiff and casting defendants with costs. The judgment fixed the expert witness fee of Doyle P. Sanders in the amount of $150 and taxed it as cost.

On May 14, 1976 the Clerk of Court filed a Rule against plaintiff Stewart and defendants Avery, et al., seeking payment of...

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