EMORY v. GARDNER

No. 14898.

415 So.2d 339 (1982)

B. R. EMORY, et al., Plaintiffs-Appellees, v. David Lee GARDNER, Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

May 10, 1982.


Attorney(s) appearing for the Case

Shotwell, Brown & Sperry by George Wear, Jr., Monroe, for plaintiff-appellee.

Kostelka, Swearingen & Street by C. Daniel Street, Monroe, for defendant-appellee.

Blackwell, Chambliss, Hobbs & Henry by James A. Hobbs, West Monroe, for plaintiff-in-rule-appellant.

Before HALL, MARVIN and NORRIS, JJ.


NORRIS, Judge.

In this proceeding, a court appointed surveyor appeals the trial court's sustaining of an exception of res judicata to a petition seeking a rule nisi to have his expert witness fee fixed for services rendered in connection with a boundary action.

On May 15, 1978, B. R. Emory and others claiming to be owners of certain immovable property located in Ouachita Parish, Louisiana, filed a Petition to be Restored to Possession and to Fix Boundary against...

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