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Roper v. Dailey

Supreme Court of Louisiana
Jul 21, 1981
400 So. 2d 898 (La. 1981)

Opinion

No. 67019.

July 21, 1981.


ON REHEARING

[EDITORS' NOTE: MAJORITY OPINION TEXT CAN BE FOUND AT 393 So.2d 85.]


I respectfully dissent.

The majority opinion overrules the longstanding precedent that a party attacking the return of the officer on citation must establish facts to the contrary by clear and convincing evidence. In my opinion the rule was a wise one based on the practical consideration that busy deputies cannot possibly recall the details of each personal service months or even years after the event. The interest of society and the judicial system in the finality and security of default judgments should not be taken lightly. Because of these considerations, a party attacking a judgment on the grounds he was not served with citation should not be allowed to capitalize on a deputy's lack of perfect recall, which few humans possess, to nullify a court's judgment on a bare preponderance of evidence.


Summaries of

Roper v. Dailey

Supreme Court of Louisiana
Jul 21, 1981
400 So. 2d 898 (La. 1981)
Case details for

Roper v. Dailey

Case Details

Full title:Dennis ROPER v. Pamela J. DAILEY

Court:Supreme Court of Louisiana

Date published: Jul 21, 1981

Citations

400 So. 2d 898 (La. 1981)

Citing Cases

Hall v. Folger Coffee

Before Roper v. Dailey, 393 So.2d 85 (La. 1980) (on reh'g), the jurisprudential burden of proof for rebutting…