No. 5629 Precedential Processed

Vicknair v. Southside Plantation Co.

Louisiana Court of Appeal, First Circuit · Filed February 24, 1913 · 10 Teiss. 43

Also decided on this docket: La. Ct. App. 1st Cir., June 29, 1962 143 So. 2d 262; La., November 15, 1875 27 La. 687; La. Ct. App. 4th Cir., March 8, 1974 286 So. 2d 706

Opinion text

His Honor, JOHN ST. PAUL, rendered the opinion and decree of the Court, as follows: Plaintiff claimed a balance due him for salary, alleging a contract of employment for a year and a discharge without cause before the end of the term. Defendant filed an exception of “no cause of.action” based upon the omission of some alleged essential averment touching the contract; and pending action on this *44 exception plaintiff tendered and the Court allowed an amendment supplying the alleged omission. We think the amendment was properly allowed. Amendments supplying mere omissions in pleadings may ;be allowed at any time before final'judgment on exceptions aimed thereat. Reuther vs. Kansas City Milling Co., 2 Orleans Ct. of Appeal, 389. Such amendments are clearly in furtherance of justice, since judgments based on exceptions of that nature constitute mere non-suits (8 Orleans Ct. App., 392), and do not end the controversy ( 119 La., 1064 ), which may always be renewed with the missing allegations supplied (47 An., 109).