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EDWARDS v. SMITH

No. 12017.

391 So.2d 881 (1980)

Alfred EDWARDS and Paula Toliver v. Martha T. SMITH, Wife of and Loring Smith, Jr., and The U-Haul Company of Southern Louisiana.

Court of Appeal of Louisiana, Fourth Circuit.

November 17, 1980.

Attorney(s) appearing for the Case

Francis G. Weller, Philip D. Lorio, III, New Orleans, for relator.

Steven M. Koenig, New Orleans, for respondent.

Before GULOTTA, SCHOTT and BARRY, JJ.

SCHOTT, Judge.

We granted a writ of certiorari in order to examine the validity of a judgment of the trial court which overruled an exception of prescription filed by realtor, U-Haul Co. of Southern Louisiana. The issue is whether the filing of the suit originally in Jefferson Parish was sufficient under LSA-R.S. 9:5801 to interrupt the one year prescription established by C.C. Art. 3536 for an action in tort growing out of an automobile accident.

The accident...

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