Bertron v. Stuart & Powell
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. King, J. 1. No defences short of absolute nullity in the original judgment can be pleaded in an action to revive the judgment. Si An. 840; 33 An. 342; 31 An. 326; 30 An, 1330; 29 An. 69; 23 An. 173; 31 An. 325. 2. Two days after a default has been seasonably entered, the plaintiff may obtain a definitive judgment by proving his demand.
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APPEAL from the Civil District Court for the Parish of Orleans. King, J. 1. No defences short of absolute nullity in the original judgment can be pleaded in an action to revive the judgment. Si An. 840; 33 An. 342; 31 An. 326; 30 An, 1330; 29 An. 69; 23 An. 173; 31 An. 325. 2. Two days after a default has been seasonably entered, the plaintiff may obtain a definitive judgment by proving his demand. The only, requirement is that the judgment must express the ground on which it was rendered. O. P. 310-315. 8. In deciding upon the validity of a judgment reviving a judgment, the law'of the State…
1Opinion of the Court
The opinion of the court was delivered by
Watkins, J.
The object of this suit is to revive and continue the life of an antecedent judgment, in which Ottilie Bertron, widow of *1173Samuel R. Bertron, deceased, and Wm. Hughes and Clara Purnell, widow, appear as the co-executors of the last will of the deceased, as plaintiffs therein.
The judgment sought to be revived is alleged to be one that was rendered in the late Sixth District Court, of the Parish of Orleans, and styled and entitled Samuel R. Bertron vs. Wm. R. Stuart and J. R. Powell, numbered 2605 on the docket thereof.
It is averred in the…
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