Mercer v. Sears, Roebuck & Co.

In re: Ruby M. Mercer applying for cer-tiorari, or writ of review, to the Court of Appeal, Third Circuit, Parish of Calcasieu. 155 So.2d 112 . Writ denied. Under the facts found by the Court of Appeal the judgment is correct. McCALEB, J., is of the opinion that a writ should be granted as a matter of right since the decision is contrary to our holding in Byas v. Hotel Bentley, 157 La. 1030 , 103 So. 303 . *607 SANDERS, J., is of the opinion that the writ should be granted. See Byas v. Hotel Bentley, 157 La. 1030 , 103 So. 303 . FOURNET, C. J., is of the opinion that the decision and opinion complained of is contrary to jurisprudence of this Court on the subject and a writ should be granted to correct the same as well as the many Court of Appeal decisions that seem to be to the contrary of our jurisprudence.