Tapp v. Guaranty Finance Co.

Supreme Court of Louisiana
Tapp v. Guaranty Finance Co., 160 So. 2d 228 (La. 1964)
245 La. 641; 1964 La. LEXIS 2926
Fournet, McCaleb, Sanders

Tapp v. Guaranty Finance Co.

Opinion of the Court

In re: Elmer A. Uffman 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 Court of Appeal the result is correct.

Dissenting Opinion

FOURNET, C. J.,

is of the opinion that the judgment complained of is wrong and the writ prayed for granted. The judgment sought to have annulled was granted by a court of competent jurisdiction after proper service of citation was had on the defendant and after default and proper delays, hence could not be set aside except for the causes provided for such actions in Code of Civil Procedure and subject to the one year prescription therein provided.

Dissenting Opinion

McCALEB, J.,

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

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
2 cases
Status
Published