Coltraro v. Chotin

The plaintiff, Coltraro, obtained a judgment against the defendant Chotin, who had filed an answer to his petition, in the absence of Chotin and his counsel. Chotin sued to annul the judgment on the ground that “no notice of trial was ever served”. An exception of no cause of action was filed to the petition to annul the judgment which was maintained and Chotin has appealed. The Sheriff’s return is in the record and it recites that notice was properly served, nevertheless, the petition contains the sworn allegation that no service was made and the responsibility of proving same was undertaken…