Parmely v. Bradbury
Supreme Court of Louisiana
APPEAL FROM THE PARISH COURT, FOR THE PARISH AND CITY OF NEW-ORLEANS. This is an action on a protested bill of exchange, drawn by the defendant, in New-Orleans, on Hoopes & Bogart, in Mississippi.
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APPEAL FROM THE PARISH COURT, FOR THE PARISH AND CITY OF NEW-ORLEANS. This is an action on a protested bill of exchange, drawn by the defendant, in New-Orleans, on Hoopes & Bogart, in Mississippi. The petition alleges, that H. Bradbury, residing in Tennessee, the drawer of said bill, is indebted to the plaintiffs for the amount, with damages, interest and costs; and that an attachment issue against property of the defendant in the hands of Forsyth, Goodwin & Co., and that they be served with process, as garnishees, and ordered to answer interrogatories annexed to the petition, touching the…
1Opinion of the CourtMartin, J.
the court.
The defendant and garnishees are appellants from judgments against them, they both relying on assignment of errors. That of the defendant is, that the petition does not state his Christian name; that he was not in court, as no property of his was attached.
The want of the christ* an name of the defendant in the petition, if it be a dilatory exception, is waived by a plea to the merits. The refusal or failure of the garnishees to answer interrogatories, concerning property of the defendant attached-in their hands, is to be taken as a legal confession of sufficient property in their…
2Cited by3 opinions
- Mitchell v. MurphySupreme Court of Louisiana · 1913
- New Orleans, Mobile & Chattanooga Railroad v. City of New OrleansSupreme Court of Louisiana · 1874
- Vince v. BurnsLouisiana Court of Appeal · 1939