Rehage v. Hayford
Supreme Court of Louisiana
Appeal from Civil District Oourt, Parish of Orleans; T. C. W. Ellis, Judge. Action by Miss Virginia M. Rekage against Eugene S. Hayford.. Judgment against defendant by default, and from a judgment setting aside the default, plaintiff appeals.
1Opinion of the Court
Statement of the Case.
MONROE, C. J.
This is an appeal from a judgment setting aside a default on the ground that defendant had not been cited, and that the sheriff’s returns purporting to show citation were untrue; the claim sued on having in the meanwhile, it is said, become barred by the prescription .of one year.
It appears that the petition in the case, accompanied by interrogatories on facts and articles, was filed on January 27, 1916, that copies of those papers, with citation addressed to defendant, were issued on the same day, and that, on the following day the deputy sheriff made a…
2Cases cited3 opinions
- Succession of McCalopSupreme Court of Louisiana · 1855
- Maxwell v. CollierSupreme Court of Louisiana · 1843
- Rousseau v. GayarreSupreme Court of Louisiana · 1872
3Cited by3 opinions
- Wilson v. KingSupreme Court of Louisiana · 1955
- Richardson v. Trustees' Loan & Guaranty Co.Louisiana Court of Appeal · 1931
- Wilson v. KingSupreme Court of Louisiana · 1955