GIERLING v. GARNER

No. 4326.

284 So.2d 664 (1973)

E. J. GIERLING, Jr., d/b/a Mutual Credit Association, Plaintiff-Appellee, v. Herbert B. GARNER, Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

November 5, 1973.


Attorney(s) appearing for the Case

Eatman & Hunter by Henley A. Hunter, Shreveport, for defendant-appellant.

Gahagan & Kelly by Donald G. Kelly, Natchitoches, for plaintiff-appellee.

Before FRUGÉ, SAVOY and DOMENGEAUX, JJ.


FRUGÉ, Judge.

This is a suit on a promissory note. Suit was filed on February 20, 1973, there being no answer by defendant, a default judgment was confirmed. Defendant perfected a devolutive appeal. We reverse.

The record reveals that a petition was filed alleging the defendant was indebted to the plaintiff in the sum of $214.76 with interest, being the unpaid principal balance of a matured note held by the plaintiff. The note was attached to the petition...

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