Ramoneda Bros. v. Mikletisch

CONCURRING OPINION.

1. An uniform and unbroken line of decisions of the Supreme Court has settled it, that where the writ of attachment sued out against a non-resident has been duly served according to the provisions of Art. 254 C. P., but the summons or citation on the petition has not yet been served, the penalty is not dismissal of the suit, but the cause is continued for further service according to law. 24A. 512; 26 A. 740; 18 A. 481; 12 R. 540; 13 A. 405; 9 A. 550; 50 A. 170.

2. Elder & Davis vs. lyirs. Ludeling, 50 A. 1077, is not in conflict with the cases cited supra, for as much as in…