Cited by
Opinions in Louisiana that cite In Re Ph&338nix Building Homestead Ass'n, 14 So. 2d 447.
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Judson v. Davis
81 So. 3d 712
La. Ct. App. 1st Cir. 2011
& Homestead Ass’n, , -50 (La.1943), and Liquidation of Canal Bank & Trust Co., 211 La.
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Arledge v. Sherrill
738 So. 2d 1215
La. Ct. App. 2d Cir. 1999
791 , (1950); In re Phoenix Building & Homestead Association, , (1943).
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Milling, Benson, Woodward, Hillyer, Pierson & Miller L.L.P. v. American Marine Holding Co.
729 So. 2d 139
La. Ct. App. 1st Cir. 1999
791 , (1950); In re Phoenix Building & Homestead Association, , (1943).
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Devers v. Southern University
712 So. 2d 199
La. Ct. App. 1st Cir. 1998
791 , (1950); In re Phoenix Building & Homestead Association, , (1943).
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Montalvo v. Sondes
637 So. 2d 127
La. 1994
791 , (1950); In re Phoenix Building & Homestead Association, , (1943).
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O'Neill v. Sumrall
481 So. 2d 157
La. Ct. App. 1st Cir. 1985
840 , (1962); In re Phoenix Building & Homestead Assn., , (1943); Folse v. St.
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Lemaire v. Younger Transp., Inc. of Texas
443 So. 2d 662
La. Ct. App. 1st Cir. 1983
In re Phoenix Building & Homestead Ass'n, , (1943); (La.App.
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Reed v. Yor-Wil, Inc.
406 So. 2d 236
La. Ct. App. 1st Cir. 1981
In re Phoenix Building & Homestead Ass'n, , (1943); (La.App.
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Nethken v. Nethken
307 So. 2d 563
La. 1975
840 , (1963); In re Phoenix Building & Homestead Assn., , (1943); Folse v. St.
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State ex rel. Guste v. First National Bank of Jefferson Parish
305 So. 2d 687
La. Ct. App. 1st Cir. 1974
1048 , ; In re Phoenix Building & Homestead Ass’n., , ; Ethridge-Atkins Corp. v. Tilly, La.App., 178 So.
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Small v. Wabnig
305 So. 2d 710
La. Ct. App. 1st Cir. 1974
stating of a cause of action, for a plaintiff to make general allegations of irregularities and omissions ; he must set forth in his petition, clearly and accurately, definite facts from which there, can be drawn the conclusion that a reconsideration or the conducting of further proceedings will result in a different decree.” Similarly, in the case of In re Phoenix Building & Homestead Assn., , (1943), dismissal of a petition seeking to annul a judgment homologating an account on ground of f
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Collins v. Zachary Hardwood Lumber Co.
207 So. 2d 796
La. Ct. App. 1st Cir. 1968
1048 , ; In re Phoenix Building & Homestead Ass’n, , ; Ethridge-Atkins Corp. v. Tilly, La.App., 178 So.
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Loeb v. Badalamenti
192 So. 2d 246
La. Ct. App. 4th Cir. 1967
791 , ; In re Phoenix Building & Homestead Ass'n, , .
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Hamilton v. City of Shreveport
180 So. 2d 30
La. Ct. App. 2d Cir. 1966
360 (1939); In re Phoenix Building & Homestead Ass'n, , (1943); Latham v. Latham, 216 La.
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Succession of Menendez
155 So. 2d 212
La. Ct. App. 1st Cir. 1963
803 , ; In re Phoenix Building & Homestead Ass’n, , ; Woodward, Wight & Co. v. National Box Co., 168 La.
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Succession of Danneel
152 So. 2d 29
La. 1963
721 , *31 We granted writs in this case so that we might determine whether the pronouncement by this court, first made in In re Phoenix Building & Homestead Ass’n, , , and repeated in Liquidation of Canal Bank & Trust Co., 211 La.
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Allen v. Commercial National Bank in Shreveport
147 So. 2d 865
La. 1962
1048 , ; In re Phoenix Building & Homestead Ass’n., , ; Ethridge-Atkins Corp. v. Tilly, La.App., 178 So.
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Allen v. Commercial National Bank in Shreveport
138 So. 2d 252
La. Ct. App. 2d Cir. 1962
In re Phoenix Building & Homestead Ass'n, , ; Folse v. St.
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West Carroll Nat. Bank v. West Carroll Par. Sch. Bd.
136 So. 2d 699
La. Ct. App. 2d Cir. 1961
See, also, In re Phoenix Building & Homestead Ass'n, , ; Florida Molasses Co. v. Berger, 220 La.
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Cousin v. Alexander
119 So. 2d 584
La. Ct. App. 1st Cir. 1960
& Homestead Ass’n, , .
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Succession of Nock
119 So. 2d 476
La. 1960
The jurisdictional issue upon which the demand of nullity is based is not before us. In the case of In re Phoenix Building & Homestead Ass’n, , , we exhaustively reviewed our jurisprudence pertaining to the effect of judgments homologating accounts, and said: “It has been repeatedly held by this court since its decision in the case of Dussuau’s Syndics v. Bredeaux, 4 Mart, O.S., 450, in 1816, and has that long been the settled law of this
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Austin v. Succession of Austin
73 So. 2d 312
La. 1954
The mere conclusion of the pleader unsupported by facts does not set forth a cause or right of action.” Then, again, In re Phoenix Building & Homestead Association, , , we said: “It is so well settled that it requires no citation of authorities that a mere conclusion of the' pleader, unsupported by any facts, fails to disclose a cause or right of action.
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McGee v. Finley
65 So. 2d 384
La. Ct. App. 2d Cir. 1953
360 ; Dilworth v. Hebert, La.App.1942, ; In re Phoenix Building & Homestead Association, , ; LeBlanc v. Danciger Oil & Refining Company, 218 La.
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Sollie v. Means
58 So. 2d 286
La. Ct. App. 1st Cir. 1952
791 , ; In re Phoenix Building & Homestead Association, 1943, , .
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Latham v. Latham
44 So. 2d 870
La. 1950
In re Phoenix Building & Homestead Association, , .
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Bank of Baton Rouge v. Hart Estate, Inc.
44 So. 2d 311
La. 1950
296 ); In re Phoenix Building & Homestead Association, supra ( , ).” It was mainly on that authority that the trial judge sustained the exceptions in the present case.
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Dowling v. Canal Bank & Trust Co.
43 So. 2d 763
La. 1949
In the case of , , 449 , wherein we entertained, on appeal, a controversy regarding the payment of attorneys fees for services rendered in the liquidation of a homestead, it is stated: [60] "It has been repeatedly held by this court since its decision in the case of Dussuau's Syndics v. Bredeaux, 4 Mart., O.S., 450, in
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Liquidation of Canal Bank & Trust Co.
30 So. 2d 841
La. 1947
books, no provision being made for the payment of interest and “It has been repeatedly held by this court since its decision in the case of Dussuau’s Syndics v. Bredeaux, 4 Mart., O.S., 450, in 1816, and has that long been the settled law of this state, that judgments homologating accounts are final and have the authority of the thing adjudged.” In re Phoenix Building & Homestead Association, , .