Crawford v. Read
Supreme Court of Louisiana
Appeal from the District Court of Avoyelles, Campbell, J. The judgment below, discharging Read, is correct. Notice of protest should have been forwarded to the office nearest the residence of Read. Civil Code, 42, 43, 46. Toullier, Brass, ed. of 1829, Nos. 362, 363, 364, 367, 372. Story, Conflict of Laws, sections 41, 43, 44, 45, 46. 11 La. 178. 1 Rob. 107. 3 Rob. 4. The protest is defective, for the want of the signatures of the witnesses. B. & C.’s Dig. 41, 43. 5. Mart.
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Appeal from the District Court of Avoyelles, Campbell, J. The judgment below, discharging Read, is correct. Notice of protest should have been forwarded to the office nearest the residence of Read. Civil Code, 42, 43, 46. Toullier, Brass, ed. of 1829, Nos. 362, 363, 364, 367, 372. Story, Conflict of Laws, sections 41, 43, 44, 45, 46. 11 La. 178. 1 Rob. 107. 3 Rob. 4. The protest is defective, for the want of the signatures of the witnesses. B. & C.’s Dig. 41, 43. 5. Mart. N. S. 511. 19 La. 449. The notice should have been addressed to the defendant at his domicil, or usual place of residence…
1Opinion of the CourtMorphy, J.
This action is brought on a note of #4333 33, drawn by Jos. H. Boone to the order of Stephen Read, by whom, and his co-defendant Toler, it is endorsed, payable on the first of January, 1842. The defendants filed separate answers. Toler pleaded the general issue, payment, and the insufficiency of the protest and notice; while the other defendant, Read, put in a plea to the jurisdiction of the lower court, alleging that his domicil was not in the parish of Avoyelles, where process of citation was served, but in the parish of St. Landry. This plea having been overruled, Read answered to the…
2Cases cited3 opinions
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- Exchange & Banking Co. v. BoyceSupreme Court of Louisiana · 1842
- Wagner v. HallSupreme Court of Louisiana · 1840