Central Improvement & Contracting Co. v. Grasser Contracting Co.

Citations

• 119 La. 263
• 44 So. 10
• 1907 La. LEXIS 467

Syllabus

<p>1. Libel and Slander — Words Tending to Injure Business.</p> <p>The exception of no cause of action was erroneously sustained.</p> <p>2. Action — Time for Bringing.</p> <p>A suit should not be dismissed on an exception of prematurity, when the cause of action on which it is brought exists at the time it is instituted.</p> <p>3. Same.</p> <p>The question as to the particular time at which a suit should be tried is essentially different from that as to when the plaintiff has the right to institute it. Defendant might have the right to have the case continued to await some decision in another case, and yet not be entitled to throw plaintiff’s suit out of court.</p> <p>4. Same — Limitations—Words Injurious to Business.</p> <p>This suit is one “ex delicto.” If plaintiff were to delay filing it until the condition of the evidence be such as to warrant his immediately trying it, he might be cut off from all opportunity of doing so by a plea of prescription of one year.</p> <p>5. Abatement and Revival — Another Action Pending — Identity of Causes of Action.</p> <p>Though the result of a suit in one court may enter as a factor in the determination of another in a different tribunal, “lis pendens” cannot be properly pleaded on the ground of the coexistence of the suits, where the causes of action are not identical.</p> <p>(Syllabus by the Court.)</p>