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Cited by

Opinions in Louisiana that cite West v. Ray, 26 So. 2d 221.

71 citing documents.

  • Brignac v. Fontenot 96 So. 2d 66 La. Ct. App. 1st Cir. 1957
    470 ; , ; Dodge v. Bituminous Casualty Corporation, 214 La.
  • McCullin v. State 94 So. 2d 585 La. Ct. App. 1st Cir. 1957
    1031 , ; , ; Hardtner v. Aetna Casualty & Surety Co., La.App., 189 So.
  • Downs v. Underwriters at Lloyd's, London 90 So. 2d 504 La. Ct. App. 1st Cir. 1956
    where the court said: “We conclude therefore that- an affirmative defense, presented through exceptions or motions tried or triable only on the face of the petition, should not’’ be’ sustained unless the allegations of the petition exclude every reasonable hypothesis other than the premisé upon w
  • Green v. Brawley 84 So. 2d 434 La. 1955
  • Sustendal v. Weber 76 So. 2d 8 La. Ct. App. 1st Cir. 1954
    * * *” , , the Court observed: .
  • Parker v. Davis 72 So. 2d 877 La. 1954
    68 ; , , there are certain well-established exceptions to this rule, Ingersoll Corp. v. Rogers, 217 La.
  • Achord v. Great American Indemnity Co. 68 So. 2d 643 La. Ct. App. 1st Cir. 1953
  • Serio v. Chadwick 66 So. 2d 9 La. Ct. App. 2d Cir. 1953
  • Columbia Fire Ins. v. Black 61 So. 2d 534 La. Ct. App. 1st Cir. 1952
    “In West v. Ray [1946], , , the Court stated: “ ‘We conclude therefore that an affirmative defense, presented through exceptions or motions tried or triable only on the face of the petition, should not be sustained unless the allegations of the petition exclude every reasonable hypothesis other than the premise upon which t
  • Jenkins v. AR Blossman, Inc. 60 So. 2d 131 La. Ct. App. 1st Cir. 1952
    "` , , the Court stated: "`"We conclude therefore that an affirmative defense, presented through exceptions or motions tried or triable only on the face of the petition, should not be sustained unless the allegations of the petition exclude every reasonable hypothesis other than the premise upon which t
  • Watts v. Spikes 60 So. 2d 242 La. Ct. App. 1st Cir. 1952
    “ , , the Court stated: *245 “ ‘We conclude therefore that an affirmative defense, presentéd through exceptions or motions tried or triable only on the face of the petition, should not be sustained unless the allegations of the petition exclude every reasonable hypothesis other than the premise upon wh
  • Grigsby v. Employers Liability Assur. Corp. 57 So. 2d 910 La. Ct. App. 1st Cir. 1952
    “ , , the Court stated: “ ‘We conclude therefore that an affirmative defense, presented through exceptions or motions tried or triable only on the face of the petition, should not be sustained unless the allegations of the petition exclude every reasonable hypothesis other than the premise upon which t
  • Arata v. Orleans Capitol Stores, Inc. 55 So. 2d 239 La. 1951
    470 ; , ; Dodge v. Bituminous Casualty Corporation, 214 La.
  • Jones v. Burke 51 So. 2d 322 La. Ct. App. 1st Cir. 1951
    the Supreme Court had said that “an affirmative defense, presented through exceptions or motions tried or triable only on the face of the petition, should not be sustained unless the allegations of the petition exclude every reasonable hypothesis other than the premise upon which the defense is b
  • Guiteau v. Southern Parking Co. 49 So. 2d 880 La. Ct. App. 1st Cir. 1951
    the Supreme Court discussed the modern tendency which is against the dismissal of an action on technical grounds, saying: "Technical objections and harsh rules of pleading which would dispose of litigants' cases without a hearing on the merits have never been favored under Louisiana law.
  • Ingersoll Corporation v. Rogers 46 So. 2d 45 La. 1950
  • Dodge v. Bituminous Casualty Corporation 39 So. 2d 720 La. 1949
    the Court stated: “We conclude therefore that an affirmative defense, presented through exceptions or motions tried or triable only on the face of the petition, should not be sustained unless the allegations of -the petition exclude every reasonable hypothesis other than the premise upon which th
  • Bayou State Mfg. Co. v. Ammen 38 So. 2d 233 La. Ct. App. 1st Cir. 1949
    the general tendency is to be reasonable and even liberal in construing pleadings, with a view of the prompt disposition of the case on its merits and for the courts not to favor dismissal of a petition which adequately states a cause of action because additional information has been included in the p
  • Johnson v. Graham 35 So. 2d 278 La. Ct. App. 1st Cir. 1948
  • Brown v. White 29 So. 2d 193 La. Ct. App. 1st Cir. 1947
  • Reagor v. First Nat. Life Ins. Co. 28 So. 2d 527 La. Ct. App. 1st Cir. 1946
    [5] , 26, So.2d 221, 223, to the effect that "technical objections and harsh rules of pleading which would dispose of litigants' cases without a hearing on the merits have never been favored under Louisiana law."