Loew's, Inc. v. Don George, Inc.
| Decision Date | 14 February 1955 |
| Docket Number | No. 41721,41721 |
| Citation | 227 La. 127,78 So.2d 534 |
| Parties | LOEW'S, Incorporated, v. DON GEORGE, Incorporated. |
| Court | Louisiana Supreme Court |
Smallenberger, Eatman & Morgan, Jackson, Mayer & Kennedy, Shreveport, John E. Jackson & Baldwin J. Allen, New Orleans, for defendant-appellant.
Chaffe, McCall, Toler & Phillips, New Orleans, Wilkinson, Lewis & Wilkinson, Shreveport, for plaintiff-appellee.
The defendant is appealing from a judgment dismissing its reconventional demand.
The plaintiff brought suit against the defendant seeking to recover $2,500 for breach of contract. The defendant denied any liability on its part and reconvened asking for treble damages alleged to have been caused by a conspiracy and combination by the plaintiff and others in violation of the Sherman, 15 U.S.C.A. §§ 1-7, 15 note, and Clayton, 15 U.S.C.A. § 12 et seq., Anti-Trust Acts and for damages for alleged libel. The plaintiff attacked the reconventional demand by filing exceptions to the jurisdiction of the court and no cause or right of action and a plea of prescription of one year. The lower court, on hearing of the exceptions and plea, gave judgment sustaining the exceptions and the plea of prescription, and dismissed the reconventional demand. The defendant has appealed.
The judgment in this case is founded on prohibited pleadings and prior to a hearing on the main demand. Under the provisions of Article 329 of the Code of Practice, when a defendant in his answer alleges new facts, they are considered as being denied by the plaintiff and replication or rejoinder is not to be admitted. Our courts have consistently held since the adoption of the Code of Practice that replication or rejoinder will not be permitted. Some of the many decisions to that effect are as follows: Arkansas Natural Gas Corporation v. Sartor, 5 Cir., 98 F.2d 527; McMaster v. Stewart, 11 La.Ann. 546; Hickman v. Dawson, 33 La.Ann. 438; Telle v. Fish, 34 La.Ann. 1243, 1244; Webre v. Christ, 130 La. 450, 58 So. 145; Abshire v. Lege, 133 La. 254, 62 So. 667; Ryals v. Todd, 165 La. 952, 116 So. 395; Patton's Heirs v. Moseley, 186 La. 1088, 173 So. 772; Roy O. Martin Lumber Co. v. Hodge-Hunt Lumber Co., 190 La. 84, 181 So. 865; Lee v. Perkins, 195 La. 939, 197 So. 607; Galiano v. Galiano, 213 La. 332, 34 So.2d 881; Cheramie v. Stiles, 215 La. 682, 41 So.2d 502.
The trial of cases in piecemeal is not favored. Succession of Dancie, 187 La. 628, 175 So. 418. If the plaintiff had adopted the more regular procedure of objecting to the introduction of any evidence in support of the reconventional demand, we would not be presented with an appeal at this time. State ex rel. Pflug v. Judge, 35 La.Ann. 765. Where the reconventional demand is incidental to and grows out of the main demand, the two demands should be tried together and the testimony introduced by the respective claimants should be introduced at one trial. First...
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Loew's, Inc. v. Don George, Inc., 43617
...then appealed to this Court from the above judgment. We reversed said judgment and remanded the case for trial on the merits (227 La. 127, 78 So.2d 534), holding that the law did not favor the trial of cases in piecemeal, Succession of Dancie, 187 La. 628, 175 So. 418, and that where the re......
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Don George, Inc. v. Paramount Pictures
...themselves inconclusively with companion cases, involving the same issues, in the State Court. See, e. g., Loew's, Incorporated v. Don George, Inc., 227 La. 127, 78 So.2d 534. Briefly, the facts alleged here are as From May 17, 1942, until January 1, 1947, the Davis Theater, a motion pictur......
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Chapman v. Chapman
...be available to him to disprove the allegations of the reconventional demand. Lamorere v. Avery, 32 La.Ann. 1008; Loew's, Inc. v. Don George, Inc., 227 La. 127, 78 So.2d 534; Johnson v. Wilson, 239 La. 390, 118 So.2d In view of the above authorities, we conclude that Mr. Chapman, as defenda......
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Maryland Cas. Co. v. Gulf Refining Co.
...we feel that such piecemeal trials are neither favored nor authorized by our jurisprudence,' 82 So.2d 84. See Loew's Inc. v. Don George, Inc., 227 La. 127, 78 So.2d 534. And while doubtless there are good policy reasons favoring separate trial of separate issues, we must also concede that p......