No. 623 Precedential Affirmed Processed

Mack Trucks, Inc. v. Dixon

Louisiana Court of Appeal, First Circuit · Filed June 4, 1962 · 142 So. 2d 609

Also decided on this docket: La. Ct. App. 1st Cir., September 24, 1962 144 So. 2d 766; La. Ct. App. 1st Cir., April 14, 1930 127 So. 431

Cited by

T & D Contracting Co. v. Mack Trucks, Inc. 178 So. 2d 284 La. Ct. App. 5th Cir. 1965
Mack Trucks, Inc. v. Dixon 142 So. 2d 611 La. Ct. App. 1st Cir. 1962
Mack Trucks, Inc. v. Dixon 142 So. 2d 611 La. Ct. App. 1st Cir. 1962
Mack Trucks, Inc. v. Dixon 142 So. 2d 612 La. Ct. App. 1st Cir. 1962
Mack Trucks, Inc. v. Dixon 142 So. 2d 612 La. Ct. App. 1st Cir. 1962
Mack Trucks, Inc. v. Dixon 142 So. 2d 610 La. Ct. App. 1st Cir. 1962

Authorities cited

Identified automatically; this list may not be exhaustive.

MacK Trucks, Inc. v. Dixon 142 So. 2d 605

Opinion text

McBRIDE, Judge. This is one of the seven consolidated cases mentioned in Mack Trucks, Inc. v. Dixon and James F. Toups, d/b/a T & D Contracting Company, 142 So.2d 605 , in which an opinion and decree has been handed down by us this day. In the instant suit (decided below after the advent of the LSA-Code of Civil Procedure), in addition to maintaining the exception to the court’s jurisdiction ratione materiae, the trial judge sustained an exception of no cause or right of action although no such .exception had been interposed by the defendants. However, the trial judge had the right to dismiss the suit. LSA-C.C.P. art. 927 recites that the failure to disclose a cause of action or a *610 right or interest in the plaintiff to institute the suit may be noticed by either the trial or appellate court of its own motion. For the reasons stated in the above-mentioned opinion and decree, the judgment appealed from is annulled by striking therefrom and setting aside that portion thereof which maintained the exception to the lower court’s jurisdiction rati one mate-riae, and as thus amended, and in all other respects, the judgment is affirmed. Plaintiff is to pay the costs of this appeal. Reversed in part; affirmed in part.