Opinion

Brown v. Everding

359 So. 2d 1293
1978 La. LEXIS 6275

Court: Supreme Court of Louisiana
Filed: Jun 30, 1978
Status: Published
Author: Tatedixon
On the bench: Dixon, Tate
Cited by: 0 cases

The opinion

TATE and DIXON, JJ.,

concur. The Court of Appeal was in error for failing to consider the issue of unconstitutionality of the statute argued by the plaintiff Everding in the nullity action, see Assignment 2, since the plaintiff was not required to file a replicatory plea of unconstitutionality when the defendant relied upon the statute, see La.C.Civ.P. 852. However, on the merits, we do not find the statute to be unconstitutional.

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