Bretz v. Samuel
Bretz v. Samuel
Opinion of the Court
1. Granted. The decision of the appellate court is reversed; this case is remanded to the court of appeal for consideration of the
The defendant’s exception of prescription in the district court, which formally and specially urged the plea of acquisitive prescription, did not also serve as a formal and special plea of liberative prescription. See La. C.C. art. 3452; La. C.C.P. arts. 924 and 927(B). Because the peremptory exception of prescription, whether urged at the trial level or on appeal,
. Kimball, C.J., did not participate in the deliberation of this per curiam.
. See La. C.C.P. art. 2163.
. See La. C.C.P. art. 927(B); La. C.C. art. 3452.
Reference
- Full Case Name
- SUCCESSION OF Bernard F. SAMUEL, Sr. Barbara Samuel Bretz v. Barry N. Samuel
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- 3 cases
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- Published