Goldsmith v. Virgin

Citations

• 122 La. 831
• 48 So. 279
• 1909 La. LEXIS 613

Syllabus

<p>1. Pleading- (§ 228*) — Exceptions—No Cause op Action.</p> <p>An exception of “no cause of action” is separate and distinct from an exception of “vagueness and insufficiency of allegations.” An exception of “no cause of action,” if sustained, will bring about a dismissal of the suit; while an exception of “vagueness and insufficiency of allegation” will, if sustained, result in an order to the plaintiff to amend his pleadings and mate them more definite.</p> <p>[Ed. Note. — For other cases, see Pleading, Dec. Dig. § 228.*]</p> <p>2. Pleading (§ 228*) — Exception—No Cause op Action.</p> <p>On an exception of no cause of action, the allegations of the petition are to be taken as true. If, on the assumption that on trial of the case plaintiff has established all the allegations of his petition by proof, an application of the law invoked by him to those facts would entitle him to a judgment, it cannot be said that his petition discloses “no cause of action,” though it be faulty for vagueness.</p> <p>[Ed. Note. — For other cases, see Pleading, Cent. Dig. §§ 586, 590; Dec. Dig. § 228.*] '</p> <p>(Syllabus by the Court.)</p>