Supreme Court of Louisiana, 1966

Victory Oil Co. v. Perret

Supreme Court of Louisiana · Decided April 15, 1966 · Action, Art, Asserted, Being, Claim, Defense, Demand, Had, Instituted, McCaleb, Offset, Otherwise, Party, Plaintiff, Prescribed, Reconvention, That

249 La. 65; 184 So. 2d 735; 1966 La. LEXIS 2520

Opinion of the Court

In re: Victory Oil Company, Inc., applying for certiorari, or writ of review, to the Court of Appeal, Fourth Circuit, Parish of St. Charles. 183 So.2d 360.

Writ refused. Judgment not final.

McCALEB, J., concurs, being of the view that the claim in reconvention, even if prescribed, may be asserted as an offset to plaintiff’s demand, for a party may always employ a connected claim as a defense although he might otherwise he barred from recovery had he instituted the action. See Art. 424, C.C.P.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.