No. 7805 Precedential Reversed and remanded Processed

Helmer v. Callaway

Louisiana Court of Appeal, First Circuit · Filed January 12, 1977 · 342 So. 2d 254

Also decided on this docket: La. Ct. App. 1st Cir., December 22, 1969 230 So. 2d 100; La. Ct. App. 1st Cir., June 2, 1952 59 So. 2d 210; La., February 15, 1881 33 La. Ann. 246; La. Ct. App. 3d Cir., November 12, 1980 391 So. 2d 496

Cited by

Griffin v. Pecanland Mall Ass'n, Ltd. 535 So. 2d 770 La. Ct. App. 2d Cir. 1988
Acme Poster Advertising Co. v. STATE, ETC. 352 So. 2d 397 La. Ct. App. 3d Cir. 1977

Authorities cited

Identified automatically; this list may not be exhaustive.

Scott v. Behrman 273 So. 2d 661

Opinion text

REDMANN, Judge, concurring. No cause of action is stated by a petition for contribution from co-sureties by a co-surety who alleges neither that he has paid the whole debt (or more than his virile share) nor that his payment obtained the discharge of the co-sureties; see C.C. 2104 and Scott v. Behrman, La.App. 4 Cir. 1973, 273 So.2d 661, 665 . PER CURIAM. Plaintiff-appellee Henry W. Helmer correctly argues our original decree dismissing his suit with prejudice is unjust. We reversed the default judgment taken by plaintiff because it was not supported by adequate evidence; however, the' record indicates there may be merit to the claim. For this reason, our original decree is recalled and it is now ordered that the judgment appealed from is reversed and this matter is remanded to permit the litigants to fully present any claims and defenses they may have. ORIGINAL DECREE RECALLED; REVERSED AND REMANDED.