Tapp v. Guaranty Finance Co.

Supreme Court of Louisiana
Tapp v. Guaranty Finance Co., 160 So. 2d 228 (La. 1964)
245 La. 640; 1964 La. LEXIS 2925
Fournet, McCaleb, Sanders

Tapp v. Guaranty Finance Co.

Dissenting Opinion

McCALEB, J.,

thinks that a writ should be granted, being in accord with the views of FOURNET, C. J.

Opinion of the Court

In re: Guaranty Finance Company, Inc., applying for certiorari, or writ of review, to the Court of Appeal, First Circuit, Parish of East Baton Rouge. 158 So.2d 228.

Writ refused. On the facts found by the Cottrt of Appeal the result is correct.

Dissenting Opinion

FOURNET, C. J.,

is of the opinion the judgment complained of is wrong and the writ should be granted. The judgment sought to have annulled was granted by a court of competent jurisdiction after service of citation on the defendant, a default duly entered and after proper delays, hence the judgment can only be annulled for causes set forth in the Code of Civil Procedure and subject to the one year prescription therein provided.

Dissenting Opinion

SANDERS, J.,

is of the opinion that a writ should be granted on the ground that the one year prescription of Article 2004, LSA-Code of Civil Procedure, is applicable to the action to annul the deficiency judgment.

Reference

Full Case Name
Oliver C. TAPP v. GUARANTY FINANCE COMPANY, Inc., and Elmer A. Uffman
Cited By
26 cases
Status
Published