Comstock v. Paie
Supreme Court of Louisiana
Appeal from the court of the first district. This is an appeal from a judgment setting aside a sequestration. The defendants and appellees moved to dismiss the appeal on the ground that they were not legally cited. Citation was returned as to Smith not found; and Paie was returned as being absent from the State, and service made on his attorney.
1Opinion of the Court
Mastín, J.
delivered the opinion of the court.
This is an appeal from a judgment setting aside an order of sequestration. The dismissal of the appeal is prayed for on the ground that service of citation was improperly made on the attorney of one of the appellees and no service was made on the other, because he could not be found. The sheriff ’? return shows that as to the first appellee, “ he was absent from the State non constat, whether this absence was temporary or permanent. The petition of appeal shows that both appellees reside in the State. This might have been, but was not elred out by…
2Cited by2 opinions
- Beebe v. GuinaultSupreme Court of Louisiana · 1877
- Murphy v. Factors' & Traders' InsuranceSupreme Court of Louisiana · 1881