Van Benthuysen v. Wackerbach
Also decided on this docket: La. Ct. App. 4th Cir., May 16, 1975 308 So. 2d 355; La. Ct. App. 1st Cir., May 9, 1966 186 So. 2d 847
Van Benthuysen v. Wackerbach, 1 Mann. Unrep. Cas. 17 (La. 1880).
Opinion text
On application for rehearing. Manning, C. J. We are surprised to find the appellants are entitled to have the case removed from the summary docket. The article of the Code of Practice and the various statutes on the subject were cited and reviewed, from which it appeared that promissory note cases had been omitted in the legislative changes. The case was ordered to be removed from the summary docket. The attention of the legislature having been thus attracted, this omission was supplied (Acts 1878 p. 45), and the suit was replaced on the summary docket and judgment summarily rendered.