Heymann v. Mathes

• Decision Date: 30 November 1931
• Docket Number: 13,771
• Citation: Heymann v. Mathes, 18 La.App. 403, 137 So. 871 (La. App. 1931)
• Court: Court of Appeal of Louisiana
• Parties: HEYMANN v. MATHES ET UX

137 So. 871

18 La.App. 403

HEYMANN v. MATHES ET UX

No. 13,771

Court of Appeals of Louisiana, Orleans

November 30, 1931

Rehearing Refused December 14, 1931.

Writs of Certiorari and Review Refused by Supreme CourtFebruary 1 1932.

Appeal from City Court of New Orleans, Section"A".Hon W. Alexander Bahns, Judge.

Action by Henry L. Heymann, doing business as the Home Finance Service, against Mr. and Mrs. Theodore F. Mathes.

There was judgment for defendants, and plaintiff appealed.

Judgment reversed and rendered.

Jos. A Casey, of New Orleans, attorney for plaintiff, appellant.

Alden W. Muller, of New Orleans, attorney for defendants, appellees.

Stanley McDermott, of New Orleans, attorney for amicus curiae.

OPINION

WESTERFIELD, J.

This case involves the question of whether attorneys' fees may be collected by a money lender operating under the Small Loan Law (ActNo. 92 of Ex. Sess. of 1928), a question which was decided in the affirmative by this court in Automobile Sec. Corp. v. Randazza,17 La.App. 489, 135 So. 45.Counsel for defendant admits the Randazza case is applicable here and destructive of his position, but urges us to reconsider the question upon the ground of its public importance.The writer of this opinion was not in accord with the views expressed in the Randazza case and felt so confident of his position, that he was, for reasons given therein, impelled to dissent from the opinion of his colleagues.The matter, however, is now at rest so far as this court is concerned, since the Supreme Court, in refusing an application for review, declared the decision in that case to be correct.Any modification or qualification of the doctrine of the Randazza case must be...