# Brown v. Everding

> Supreme Court of Louisiana · June 30, 1978 · 359 So. 2d 1293

URL: https://www.frixlaw.com/law-library/cases/7491146

## Case

- **Full name:** Charles M. BROWN v. James A. EVERDING
- **Court:** Supreme Court of Louisiana
- **Decided:** June 30, 1978
- **Citations:** 359 So. 2d 1293; 1978 La. LEXIS 6275
- **Precedential status:** Published
- **Opinion:** Concurrence by Tatedixon
- **Judges:** Dixon, Tate
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7491146

## Opinion text

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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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7491146. Public record. Not legal advice.