Le Duff v. Demoruelle

Citations

• 11 Teiss. 174
• 1914 La. App. LEXIS 38

Syllabus

<p>Syllabus.</p> <p>Every exception which is actually filed by counsel, though it may not be signed by him, must be certified by him, as required by Act 157 of 1912. Unless accompanied by such certificate no exception shall have any effect or prevent the taking of a default.</p> <p>While the Court has discretion to permit the “verification” of an exception involving matters of fact, it has none as to its “certificate.”</p> <p>It is only parties who are interested that the judgment should remain undisturbed who must be made parties to the appeal; e-r in other words parties who would be injuriously affected by a reversal of the judgment.</p> <p>Recording of a sworn statement in the Mortgage Office and filing the same with the owner are conditions precedent to the right of recovery against the owner or against the surety on the building contract. Previous decisions affirmed.</p> <p>Materialmen and others have no privilege upon the building unless they have a claim against the owner.</p> <p>The tendency of the Courts is to brush away technicalities in order to reach the merits of the ease. When pleadings are defective and not broad enough to admit evidence or to authorize judgment, amendments will be permitted in furtherance of justice.</p> <p>A cause will be remanded when justice will be thereby subserved.</p>