No. 9853 Precedential Processed

Pacific Finance Co. of Caddo v. Benson

Louisiana Court of Appeal, First Circuit · Filed January 2, 1963 · 149 So. 2d 239

Also decided on this docket: La., March 15, 1887 39 La. Ann. 340; La. Ct. App. 4th Cir., February 6, 1979 367 So. 2d 1318; La. Ct. App. 1st Cir., October 24, 1974 298 So. 2d 291

Cited by

Opinion text

HARDY, Judge (dissenting). The majority opinion correctly states the fact that plaintiff in this suit attempted to state a different cause of action. It is my opinion, from examination of the pleadings, that he has signally failed in this effort. *245 I am convinced that this suit lies between the same parties on the same cause of action and seeks the same relief — a money judgment — which was asserted by this plaintiff in the former suit. It follows that the plea of res judicata was correctly sustained. Therefore, I respectfully dissent from the conclusion and the decree set forth in the majority opinion. Rehearing denied; HARDY, J., dissents.