Cited by

Opinions in Louisiana that cite Breaux v. Laird, 88 So. 2d 33.

61 citing documents.

Erath Sugar Co. v. Broussard 120 So. 2d 544 La. Ct. App. 1st Cir. 1960
In accordance with the “modern-day tendency * * * to relax the technical rules of pleading in order * * * afford a litigant his day in court” ( , , at page 37), we seriously considered remanding this proceeding for the purpose of permitting the plaintiff to amend his petition to convert this proceeding into a petitory action.
Bryan v. Ivey 114 So. 2d 88 La. Ct. App. 1st Cir. 1959
James v. Missouri Pacific Railroad 113 So. 2d 41 La. Ct. App. 1st Cir. 1959
For instance, , -38 , the Supreme Court stated : “It is well settled in our jurisprudence that amendments to pleadings should be permitted where they tend to further justice, cause no injury and are without prejudice to the right of the other party.
St. Cyr v. Poche 110 So. 2d 140 La. Ct. App. 1st Cir. 1959
1 , ; and even after issue was joined, plaintiff was entitled to amend his petition so as to substitute, or to supplement in the alternative, by pleading a different fact which did not alter the substance or essential part of his demand, i. e., that he be compensated for defendant’s deficiencies in changing the motor oil, Art. 419, Code of Practice; , ; Sanders v. Wyatt, La.App.
Farmers Supply Co. v. Williams 107 So. 2d 544 La. Ct. App. 1st Cir. 1958
781 , ; Breaux v. Laird, 1956, , ; Harris v. Primos, La.App.1957, .
Zemurray v. Boe 105 So. 2d 243 La. 1958
-235 , , 39: “The doctrine of waiver or estoppel contravenes the legal rights of the person sought to be estopped, * * * Our courts and other jurisdictions universally hold that this doctrine should be applied only in exceptional cases where the application is necessary to effectuate justice or pre
Rex-Metallic Casket Co. v. Gregory 104 So. 2d 185 La. Ct. App. 2d Cir. 1958
Also appropriate here is a , , where it was observed: “It is well settled in our jurisprudence that amendments to pleadings should be permitted where they tend to further justice, cause no injury and are without prejudice to the right of the other party.
Patterson v. City of De Ridder 103 So. 2d 68 La. 1958
Dupre v. Consolidated Underwriters 99 So. 2d 522 La. Ct. App. 1st Cir. 1957
Conley v. Johnson 98 So. 2d 847 La. Ct. App. 1st Cir. 1957
Amendments to a petition are permitted by Code of Practice article 419, which provides that: “'After issue joined, the plaintiff may, with the leave of the court, amend his original petition; provided the amendment does not alter the substance of his demand by making it different from the one originally brought.” In a comparatively recent case by the Supreme Court, Breaux v. Laird, 1956, , , at pages 37 and 38, the application of this article was considered in the following apropos language: “It
Green v. Southern Furniture Co. 94 So. 2d 525 La. Ct. App. 1st Cir. 1957
Articles 592, 888, Code of Practice; , .