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Kennedy v. Joseph

Court of Appeal of Louisiana, Fourth Circuit
Feb 10, 1976
325 So. 2d 769 (La. Ct. App. 1976)

Opinion

No. 7099.

January 13, 1976. Rehearing Denied February 10, 1976.

APPEAL FROM TWENTY-NINTH JUDICIAL DISTRICT COURT, PARISH OF ST. CHARLES, DIVISION B, STATE OF LOUISIANA, HONORABLE THOMAS J. MALIK, J.

Charles A. Boggs, Montgomery, Barnett, Brown Read, New Orleans, for Ora L. Haynes, Henry Harvey Campbell, and U.S. Fidelity and Guaranty Co.

Gordon Hackman, Boutte, for Dwight Joseph and Johnnie Mae Smith.

Before SAMUEL, REDMANN and GULOTTA, JJ.


Appellants' pleading titled "Answer, Reconventional and Third Party Demand" was dismissed on exceptions because it did not, within itself, allege facts constituting a cause of action and name the third-party defendants (or defendants in reconvention). The pleading did, however, "adopt by reference all portions of the answer" of a named insurer (which alleged the missing elements of a cause of action) and it described as its intended defendants "the other persons involved in the collision detailed in plaintiff's original petition." We therefore reverse, holding that the requirements of C.C.P. 891 are met by adopting by reference statements in other pleadings in the same court, C.C.P. 853.

(We deem it immaterial that appellants' demands against co-defendants were not third-party demands within the definition of C.C.P. 1111, but rather in the nature of interventions, Bellow v. New York Fire Marine Underwriters, Inc., La.App. 1968, 215 So.2d 350. This court's perhaps contrary decision of Resor v. Mouton, La.App. 1967, 200 So.2d 308, has been overruled; Gallin v. Travelers Ins. Co., La.App. 1975, 323 So.2d 908.

(And we need not discuss prescription as to the amended pleading appellants latter filed, since we have found their initial pleading adequate.)

The judgment is reversed and the exceptions are overruled.


Summaries of

Kennedy v. Joseph

Court of Appeal of Louisiana, Fourth Circuit
Feb 10, 1976
325 So. 2d 769 (La. Ct. App. 1976)
Case details for

Kennedy v. Joseph

Case Details

Full title:MR. AND MRS. CHARLES E. KENNEDY v. MR. AND MRS. DWIGHT G. JOSEPH ET AL

Court:Court of Appeal of Louisiana, Fourth Circuit

Date published: Feb 10, 1976

Citations

325 So. 2d 769 (La. Ct. App. 1976)

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