J. D. Cathey, Inc. v. Henriques

Relator obtained executory process in the First city court of the city of New Orleans, section A, in an attempt to foreclose a chattel mortgage on an automobile.

As the mortgaged property could not be found, relator presented to said court a supplemental petition, alleging its desire to proceed via ordinaria in - order to secure a personal judgment against the defendant, and prayed that the executory process issued herein be recalled and set aside, and that relator be allowed to file his amended petition.

This request was refused by respondent judge, who later on also declined to sign an order…