CHRYSLER CREDIT CORP. v. WALKER

No. CA 2724.

488 So.2d 209 (1986)

CHRYSLER CREDIT CORPORATION v. Debra Polk WALKER and Wallace Walker.

Court of Appeal of Louisiana, Fourth Circuit.

On Rehearing April 23, 1986.


Attorney(s) appearing for the Case

Roger B. Jacobs, Jacobs, Loeffelholz & Trestman, New Orleans, for plaintiff.

Kim A. Gandy, New Orleans, for defendants.

Edmund T. Wegner, Jr., New Orleans Bar Ass'n and the Notaries Ass'n of New Orleans, New Orleans, amicus curiae.

Before REDMANN, C.J., and SCHOTT and BARRY, JJ.


REDMANN, Chief Judge.

Plaintiff appeals from the dismissal of its suit for a deficiency judgment after executory process and an award to defendants of damages and attorney's fees. Defendants answered the appeal, asking increased damages, attorney's fees for the appeal, and costs.

I.

La. C.C.P. 2635 provides that one seeking executory process "shall submit with his petition the authentic evidence necessary to prove his right to use executory process...

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