Cotonio v. Richardson

Citations

• 9 Teiss. 242
• 1912 La. App. LEXIS 54

Syllabus

<p>J. Whatever may be the views of the Supreme Court of the United States and of Courts in other jurisdictions, the Supreme Court of Louisiana has uniformly followed the language of the Civil Code and insisted that, in order to constitute res judicata, the thing demanded and the objects of the judgment must be the same.</p> <p>2. Appellees did not waive their right to urge certain exceptions by failing to answer a previous appeal from a judgment dismissing the' suit for abandonment by the plaintiff under Act 107 of 1898. The only question arising under that appeal was that of abandonment vet non and no issue could have been tendered as to the merits of a controversy which had not yet been tried.</p> <p>3. The doing of a lawful act cannot form the basis of an unlawful conspiracy.</p>