Lang v. Kimball
Cases that cite this one
4 later published cases cite this decision.
- Lamb v. General Film Co. (La. 1912)
- Fellman v. Royal Ins. (5th Cir. 1911)
- Lea v. Terry (La. 1868)
- Lejeune v. Hébert (La. 1844)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
delivered the opinion of the court.
This is an action on a bill, or draft. The defendant pleaded prescription only. There was judgment against him for the amount of the draft, and he appealed.
His counsel complains, that the plea of prescription having been overruled, judgment was incorrectly given on the merits, and that he ought to have been permitted to answer.
The court, in our opinion, erred. Prescription is an exception which does not touch the merits of the cause. Code of Practice, 345.
It is, therefore, ordered, adjudged and decreed, that the judgment of the District Court be annulled and reversed, and that this case be remanded for further proceedings, according to law; the plaintiff and appellee paying the costs of the appeal.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.