Illinois Central Railroad v. New Orleans Terminal Co.

Citations

• 14 Teiss. 310
• 1917 La. App. LEXIS 58

Syllabus

<p>Syllabus.</p> <p>1. Maintaining an exception of no cause of action, based merely on defective pleadings and not going to the merits of the controversy, does not form the basis of res judicata. Hence it is proper under such exception simply to non suit the plaintiff; or the case may be remanded to allow plaintiff an opportunity to amend.</p> <p>2. It is one of the obligations of a lessor, resulting from the contract, to maintain the lessee in the peaceable possession of the thing leased; which, of course, excludes any right on the part of the lessor to trespass thereon whilst the lessee is entitled to its use.</p>