Supreme Court of Louisiana, 1979

Schwall v. St. Cletus Catholic Church

Schwall v. St. Cletus Catholic Church
Supreme Court of Louisiana · Decided September 7, 1979 · Calogero, Dixon, Grant, Writ
375 So. 2d 110; 1979 La. LEXIS 6797 (Southern Reporter, Second Series)

Schwall v. St. Cletus Catholic Church

Opinion of the Court

In re St. Cletus Catholic Church et al., applying for writs of certiorari. Parish of Jefferson. No. 218-291.

Denied.

Dissenting Opinion

DIXON, J.,

would grant the writ and order the jury trial, for the reason that the issue of extinguishment was a new issue raised by the supplemental answer, and a special defense which must have been pleaded before it could be raised. The issue was not disposed of by the Court of Appeal, it does not appear to be meritorious, on its face, but that conclusion cannot be firmly made on the bare allegation in the amended answer.

CALOGERO, J., would grant the writ.

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