From Casetext: Smarter Legal Research

Woods v. McCarty

Court of Appeal of Louisiana, Third Circuit
Jan 15, 1962
136 So. 2d 122 (La. Ct. App. 1962)

Opinion

No. 414.

December 11, 1961. Rehearing Denied January 15, 1962.

Appeal from Twenty-Eighth Judicial District Court, Parish of LaSalle; Clyde C. Russell, Judge.

Lloyd G. Teekell, Alexandria, for plaintiff-appellant.

Stafford Pitts, by John L. Pitts, Alexandria, for defendant-appellant.

Thompson, Thompson Sparks, by James D. Sparks, Monroe, for defendant-appellee.

Before FRUGÉ, SAVOY and CULPEPPER, JJ.


With the exception of the parties plaintiff in the instant case, the issues are identical with the issues involved in the case of Arrington et al. v. McCarty et al., La. App., 136 So.2d 119, decided by us on this date.

For the reasons assigned in the case of Mrs. Arrington et al. v. McCarty et al., supra, we rescind the order of the trial court denying the appellants the right to a jury trial on the ground that the request was not timely made, and we remand this case to the trial court for further proceedings not inconsistent with the views expressed in the case of Arrington v. McCarty, supra. Costs of this appeal are to be paid by appellees.

Reversed and remanded.

On Application for Rehearing.

En Banc. Rehearing denied.


Summaries of

Woods v. McCarty

Court of Appeal of Louisiana, Third Circuit
Jan 15, 1962
136 So. 2d 122 (La. Ct. App. 1962)
Case details for

Woods v. McCarty

Case Details

Full title:Wilmot B. WOODS v. Billie Frank McCARTY et al

Court:Court of Appeal of Louisiana, Third Circuit

Date published: Jan 15, 1962

Citations

136 So. 2d 122 (La. Ct. App. 1962)

Citing Cases

West v. American Insurance Company

Renz v. Texas Pacific Railway Co., La.App., 138 So.2d 114; Woods v. McCarty et al., La.App., 136 So.2d 122.…

Morris v. National Dairy Products Corp.

See Renz v. Texas Pacific Railway Company, La.App., 138 So.2d 114; Woods v. McCarty, La.App., 136 So.2d 122.…