Peter Gardner Cooperage Co. v. Gilbert Hattier Co.

Citations

• 9 Teiss. 18
• 1911 La. App. LEXIS 119

Syllabus

<p>1. It is of the essence of the plea in compensation that it admits the debt sued on.</p> <p>2. Hence, a plea which denies the debt sued on and puts plaintiff to the proof thereof and which prays for a judgment in reconvention cannot be regarded as falling within the terms of Articles 1091, 1092, 1093 C. P. on the subject of compensation.</p> <p>3. Where the litigants reside in the same parish, reconvention cannot be pleaded, unless the incidental demand is necessarily connected with the mam one.</p>