Reimann Manufacturing Co. v. Vasquez

Citations

• 9 Teiss. 262
• 1911 La. App. LEXIS 153

Syllabus

<p>1. The method of fixing individual liability upon an owner, who has failed to comply with the provisions of Act 134 of 1906, is regulated by the Statute itself, and not by the Articles of the Civil Code, relative to the method to be pursued in order to preserve ■ . the privilege as against third persons.</p> <p>2. Failure to serve the owner with a sworn statement, or to record the same in the mortgage office, within forty-five days after the completion of the building, is a matter of defense which need not be anticipated by the petition.</p> <p>•3. • Exceptions of no cause of action founded only upon defective pleadings, can not put an end to the controversy, and are not favored when based on mere failure to state “time, place and circumstance.”</p> <p>4. Where the error in the judgment appealed from is attributed largely to loose pleadings on the part of the appellant, he will be taxed with the costs of his appeal even though he succeed therein.</p>