No. 47069 | La. | Feb 14, 1964
Lead Opinion
In re: Guaranty Finance Company, Inc., applying for certiorari, or writ of review, to the Court of Appeal, First Circuit, Parish of East Baton Rouge. 158 So. 2d 228" date_filed="1964-02-14" court="La. Ct. App." case_name="Tapp v. Guaranty Finance Company">158 So.2d 228.
Writ refused. On the facts found by the Cottrt of Appeal the result is correct.
Dissenting Opinion
is of the opinion the judgment complained of is wrong and the writ should be granted. The judgment sought to have annulled was granted by a court of competent jurisdiction after service of citation on the defendant, a default duly entered and after proper delays, hence the judgment can only be annulled for causes set forth in the Code of Civil Procedure and subject to the one year prescription therein provided.
Dissenting Opinion
thinks that a writ should be granted, being in accord with the views of FOURNET, C. J.
Dissenting Opinion
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.