Lindquist v. Maurepas Land & Lumber Co.

Citations

• 112 La. 1030
• 36 So. 843
• 1903 La. LEXIS 479

Syllabus

<p>JUDGMENT — INSUEEICIENT ENTRY — EEEECT — RES JUDICATA — SETTING ASIDEPETITORY ACTION — DESAULT.</p> <p>1. The plea of res judicata is sustained.</p> <p>2. Citation had been served, default entered, and judgment rendered. The insufficiency of the minute _ entry did not go to the extent of affecting' with nullity the judgment < rendered.</p> <p>3. The thing adjudged has been decided by a final judgment, from which there can be no appeal.</p> <p>4. If a judgment be rendered against one legally made a party, it forms, as to him, res judic-ata upon all the matters therein presented, though it may appear that, upon proper diligence, other issues might have been raised, and other evidence introduced.</p> <p>5. One who neglects his defense, or fails to raise issues which the proceedings suggest, cannot be heard afterward to set aside the judgment rendered against him.</p> <p>On Rehearing.</p> <p>6. Defendant in a petitory action, who makes no answer or'stands upon possession, does so at his peril, as a judgment under such pleadings, if favorable to plaintiff^ would close the door to his subsequently setting up any title which he then had. This rule extends not only to an absolute title then existing, but to in■choate real rights which defendant then had in the property, which may ripen into a title of ownership under a then outstanding title of a person other than the plaintiff. Shaffer y. Scmddy, 14 La. Ann. 575; Heirs of Brigot v. Brigot, 22 South. 643, 49 La. Ann. 1439; I-Iowcott v. Pettit, 31 South. 01, 106 La. 530.</p> <p>(Syllabus by the Court.)</p>