Lehman, Stern & Co. v. Broussard
Supreme Court of Louisiana
APPEAL from the Twenty-fifth District Court, Parish of Lafayette. Mouton, J. 1. Where original petition is filed and the citation of husband is asked for, but clerk fails to make such citation, the cause in lower court should be continued to have husband properly cited. 2. Where subsequently a supplemental petition was filed praying for writs of attachment and garnishment, and the citation is addressed to wife and hnsband by name and served at their domicil, the wife will be…
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APPEAL from the Twenty-fifth District Court, Parish of Lafayette. Mouton, J. 1. Where original petition is filed and the citation of husband is asked for, but clerk fails to make such citation, the cause in lower court should be continued to have husband properly cited. 2. Where subsequently a supplemental petition was filed praying for writs of attachment and garnishment, and the citation is addressed to wife and hnsband by name and served at their domicil, the wife will be properly in court quoad such supplemental petition 3. Where return on citation does not specifically say that the…
1Opinion of the Court
The opinion of the conrt was delivered by
Fenner, j.
This is an appeal taken by plaintiff from a judgment dissolving an attachment.
The grounds of the motion to dissolve are, first, that the attachment issued without legal bond, and, second, that neither the peti*350tion for attachment nor the citation-, nor the writs of attachment were legally served on the defendant.
1. The attachment bond is not given for any named sum of money. It recites that “ Lehman, Stern & Co., as principal, and P. Gerac, as surety, acknowledge to owe A. M. Martin, or his successors in office, clerk of the Twenty-fifth…
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