Rowland v. Pascal's
Supreme Court of Louisiana
Eastern Hist, APPEAL FROM THE COURT OF PROBATES FOR THE PARISH AND CITY OF NEW-ORLEANS. This is an action on a promissory note, executed by one Paul Pascal, in the state of Virginia, the 2d of January, 1819, to the plaintiff, for five hundred add thirty-three dollars.
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Eastern Hist, APPEAL FROM THE COURT OF PROBATES FOR THE PARISH AND CITY OF NEW-ORLEANS. This is an action on a promissory note, executed by one Paul Pascal, in the state of Virginia, the 2d of January, 1819, to the plaintiff, for five hundred add thirty-three dollars. Suit was instituted in June, 1836. The plaintiff alleges, that Pascal, in his lifetime, and within five years, immediately before bringing this suit, acknowledged he owed the amount of the note sued on to the petitioner, and that the defendant, as his executor, refuses to pay the same. He, therefore, prays judgment for the…
1Opinion of the CourtMartin, J.
The sheriff’s -return shows, that the citation was served i on Strawbridge, the attorney of the defendant, who was absent out of the state. No answer being made, a judgment, by default, was taken, and afterwards confirmed, 7 J 7 7 The defendant appealed. ,
Nothing shows the character of the mandate, with which the attorney was clothed. It cannot be presumed, that he had authority to receive citations. The defendant is stated to be absent. If he be a resident of the state, the citation should be left at his domicil; if he reside out of the state, the appointment of a curator ad hoc, should have…
2Cited by3 opinions
- Eichorn v. New Orleans & C. R., Light & Power Co.Supreme Court of Louisiana · 1904
- Delphine St. Amand v. LongSupreme Court of Louisiana · 1873
- Weight v. Liverpool, London & Globe InsuranceSupreme Court of Louisiana · 1878