Saucier v. McLean

The plaintiff, Saucier, obtained a judgment against the defendant, McLean, as a result of a trial which was had in the absence of McLean and, or, his counsel. An action of nullity was brought attacking the judgment thus obtained and an injunction against its execution applied for. After a trial upon the merits, the trial court declined to issue the injunction and dismissed the suit.

The ground of nullity alleged in the petition is the alleged failure of Saucier to cause a notice of trial to be served upon McLean or his counsel. It is objected that article 606 of the Code of Practice enumerates…