Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number

OLIVER C. TAPP v. GUARANTY FINANCE COMPANY, INC., AND ELMER A. UFFMAN.

Writ refused. On the facts found by the Court of Appeal the result is correct.

FOURNET, C.J., 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.

McCALEB, J., thinks that a writ should be granted, being in accord with the views of FOURNET, C.J.

SANDERS, J., 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.

Use AI to get other relevant cases.

Comments

TAPP v. GUARANTY FINANCE COMPANY
(Feb 14, 1964)