Osborne v. Stone

Decided October 21, 1985

Supreme Court of Louisiana · decided 1985-10-21

Key passage — most relied on by later courts

“Granted. The contention of laches may not be raised by exception; assuming without deciding that laches is available in Louisiana, it may be urged only as an affirmative defense. See LSA-C.C.P. art. 1005, Comment (e). The judgments of the trial court and Court of Appeal are vacated and the case is remanded for further proceedings according to law.”

quoted by 1 later decision, including Osborne v. Stone

Relies on 472 So. 2d 223 - Osborne v. Stone

Good law ✅— No negative treatment on recordhow we know

Decided 1985-10-21

How this case has been cited

Cited by 7 later decisions — most recently September 2000

6 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1In re: Osborne, Milton, Jr.; Applying for Writ of Certiorari and/or Review; to the Court of Appeal, 472 So.2d 223, First Circuit, Number CA 84 0517; Parish of East Baton Rouge 19th Judicial District Court Div. “H” Number 261,717.

¶2Granted. The contention of laches may not be raised by exception; assuming without deciding that laches' is available in Louisiana, it may be urged only as an affirmative defense. See LSA-C.C.P. art. 1005, Comment (e). The judgments of the trial court and Court of Appeal are vacated and the case is remanded for further proceedings according to law.