General Motors Acceptance Corp. v. Henderson

With some reservation I concur in the holding that, under the pleadings, the debtor cannot prove he did not receive notice of seizure required by law, LSA-C.C.P. Art. 2721.

The narrow basis of the majority holding is that the evidence attacking the return because not served on the debtor personally is not admissible, since the allegation of the petition attacked service of the notice of seizure on other grounds (i. e., that it had not been served at the debtor’s domicile or residence). Strictly construing the pleadings, this technical ruling may be correct.

However, from the colloquy of counsel…