No. 555 Precedential Processed

Pelican Well Tool & Supply Co. v. Dickson

Louisiana Court of Appeal, First Circuit · Filed March 5, 1930 · 126 So. 543

Also decided on this docket: La. Ct. App. 4th Cir., June 4, 1962 142 So. 2d 551; La. Ct. App. 1st Cir., May 7, 1962 140 So. 2d 750; La., July 15, 1875 27 La. 541

Cited by

Opinion text

ELLIOTT, J. Pelican Well Tool & Supply Company sued John D. Dickson on a note confirming a judgment by default. Dickson has appealed. Defendant contends on appeal that the note is prescribed. The record contains no plea of prescription filed by him in the lower court. Such a plea could have been filed if he had wished to do so in this court. Code Prac., art. 902; Civ. Code, arts. 3464 and 3465. But none was filed. We therefore cannot consider his argument on the subject. On its face the judgment appealed from appears to be correct and we see no reason for setting it aside. Judgment affirmed. Defendant- to pay the costs in both courts. LECHE, J., not participating.