112 So. 731 | La. | 1927
The only question involved in this appeal is whether the plaintiff has abandoned this suit within the meaning of Act No.
The only other evidence which plaintiff has given of its interest in the suit has been purely passive; i.e., in resisting defendants' efforts to have the suit dismissed, to wit, three former motions by defendant to dismiss the suit as abandoned and one motion to strike out the supplemental petition as tending to change the issues. *816
And such was not the legislators' intent; for it is well known that the very purpose of the act was to put an end to the then prevailing practice of filing suit to interrupt prescription, and then letting the suit hang perpetually over the head of the defendant unless he himself should force the issue; in other words, of putting on the defendant the burden of showing that plaintiff's claim was unfounded.
The judgment appealed from is therefore affirmed.*817