Enterkin v. Devaux
Also decided on this docket: La. Ct. App. 1st Cir., December 10, 1954 77 So. 2d 43; La. Ct. App. 1st Cir., February 26, 1931 133 So. 527; La. Ct. App. 1st Cir., April 20, 1906 3 Teiss. 285
Enterkin v. Devaux, 262 So. 2d 99 (La. Ct. App. 1st Cir. 1972).
Cited by
- Enterkin v. Devaux 266 So. 2d 721 La. Ct. App. 1st Cir. 1972
Authorities cited
Identified automatically; this list may not be exhaustive.
- Cahee v. Associated Indemnity Corp. 247 So. 2d 279
Opinion text
MILLER, Judge. Plaintiff John Robert Enterkin, Sr. has moved to dismiss the devolutive appeal taken from a judgment signed January 6, 1972, which decree that plaintiff was not the father of the infant appellant Angela Michelle Devaux. The appeal was taken on January 18, 1972 in forma pauperis, without bond, on affidavits which did not meet the requirements of LSA-C.C.P. Art. 5183. The rule to traverse the January 18, 1972 pauper order was filed in the trial court on February 4, 1972 but not considered. A new affidavit was signed on February 23, 1972 and filed on February 29, 1972. Nevertheless, plaintiff appellee is entitled to traverse the facts alleged in the affidavits as well as the authority of those who executed the affidavits. LSA-C.C.P. Art. 5184. We remand the case to the trial court to take evidence on this issue and to rule on the issues raised by the rule to traverse. Cahee v. Associated Indemnity Corp., 247 So.2d 279 (La.App. 3 Cir. 1971). *100 The motion to dismiss is denied. Costs of this proceeding are to be assessed when the merits of the case are decided. Remanded.