American Multigraph Sales Co. v. Peach-Blo Products, Inc.

ON MOTION TO DISMISS

WESTERFIELD, J.

Plaintiff originally brought a personal action asking only for a monied judgment, for tbe balance alleged to be due on certain merchandise sold defendant by plaintiff. By supplemental petition a vendor’s lien was asserted and a sequestration asked and obtained.

Tbe sequestration was bonded by defendant and an answer filed. When tbe case was called for trial, no defense was made by defendant, and a judgment ordered “as prayed for”. In writing up tbe judgment tbe minute clerk followed tbe prayer of tbe original petition and consequently omitted any reference to…