State ex rel. Village of Scott v. Broussard
Also decided on this docket: La. Ct. App. 1st Cir., December 3, 1962 147 So. 2d 263; La. Ct. App. 1st Cir., October 7, 1931 136 So. 660; La., July 1, 1880 1 Mann. Unrep. Cas. 243; La., June 15, 1874 26 La. Ann. 593
State ex rel. Village of Scott v. Broussard, 153 So. 2d 134 (La. Ct. App. 1st Cir. 1963).
Authorities cited
Identified automatically; this list may not be exhaustive.
- Continental Insurance v. Desormeaux 153 So. 2d 131
- Lafont v. Arabie 132 So. 2d 106
Opinion text
FRUGE, Judge. With one exception, the facts and issues of this appeal have been discussed in the companion case of State ex rel. Village of Scott v. Broussard, La.App., 153 So.2d 131 , rendered this same date. For the reasons set forth therein, these issues have been adequately disposd of. However, in the present suit, relator has additionally prayed for an order directing the Mayor to pay all bills and sign all checks authorized by the Board of Aldermen. This demand was not presented in the first suit and is therefore not subject to a plea of res judicata. LSA-C.C. Art. 2286; Terrebonne v. Arabie, La.App., 132 So.2d 106 . Accordingly, this suit will be remanded for trial on this cause of action. For the reasons assigned herein, the judgment of the lower court is reversed and set aside, and the case remanded for proceedings not inconsistent with the views expressed herein; ¡respondent to pay all costs of this appeal. Reversed and remanded.