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126 La. 481

Mailey v. Helm

Supreme Court of Louisiana

Decided April 11, 1910

Supreme Court of Louisiana · decided 1910-04-11

<p>Appeal from Civil District Court, Parish of Orleans; Walter B. Sommerville, Judge.</p> <p>Action by James Mailey against Mrs. Annie E. Helm and others. Judgment for defendants, and plaintiff appeals.</p>

Modified and affirmed · Decided 1910-04-11

¶1On Application for Rehearing.

PER CURIAM.

¶2Petition of plaintiff for amendment of decree.

¶3In tbe court below tbe judgment rendered absolutely rejected tbe demand of tbe plaintiff against tbe defendant minors. Our opinion ends with tbe statement that “we will not close tbe question by an absolute judgment in view of the facts and circumstances of tbe case”; but through an oversight we affirmed tbe judgment. We now correct tbe mistake by amending and recasting our decree herein so as to read as follows, to wit:

¶4It is therefore ordered that the judgment appealed from be amended by rejecting tbe demand of tbe plaintiff against the defendant minors as in ease of nonsuit; and it. is further ordered that said minors pay costs-of appeal.

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