Satterley v. Morgan
Supreme Court of Louisiana
APPEAL from the Eifth District Court for the parish of Orleans. Sogers, J. ■j’irst — Articles 190 and 196 O. P. do not order that the name of the agent of an absent defendant should appear in the petition.
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APPEAL from the Eifth District Court for the parish of Orleans. Sogers, J. ■j’irst — Articles 190 and 196 O. P. do not order that the name of the agent of an absent defendant should appear in the petition. Second — Proof on the trial, that the person served as agent was duly authorized, and his principal was absent, being the principal before tbe court, 3 An. 453; 3 An. 9; 7 An. 268; 17 La. 498; 17 La. 587, is sufficient. 3?irst — The petition must mention the name and place of residence of the defendant, or the place where he lives. C. P. Art. 172. If defendant is absent and has no attorney…
1Opinion of the Court
The opinion oí the Court was delivered by
Fenner, J.
Plaintiff sues defendant for damages for an alleged quasi offense, committed on .September 26th, 1876. His petition was filed on September 25th, 1877, and it was alleged therein that defendant was a resident of New Orleans. On the same day a’citation was issued, addressed to “Charles Morgan, New Orleans,” and the return of the sheriff shows that it was served “ on Charles Morgan, through A. C. Hutchinson, his agent, in person.”
Defendant, appearing for that sole purpose, excepted to this citation, as illegal and insufficient. On trial, this…
2Cases cited4 opinions
- Smith v. TaylorSupreme Court of Louisiana · 1845
- Driggs v. MorganSupreme Court of Louisiana · 1845
- Pilie v. KennerSupreme Court of Louisiana · 1840
- White v. M'QuillanSupreme Court of Louisiana · 1838
3Cited by15 opinions
- Elizabeth M. Hensgens, Individually, Etc. v. Deere & CompanyCourt of Appeals for the Fifth Circuit · 1989
- B. J. Wolf & Sons v. New Orleans Tailor-Made Pants Co.Supreme Court of Louisiana · 1903
- Bowerman v. Pacific Mut. Ins. Co.Supreme Court of Louisiana · 1948
- Babin v. Lyons Lumber Co.Supreme Court of Louisiana · 1913
- Schwartz v. LakeSupreme Court of Louisiana · 1903
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