Percy v. Millaudon
Supreme Court of Louisiana
Eastern Dist. APPEAL PROM -THE COURT OP THE PIRST JUDICIAL DISTRICT. This was an appeal froto a judgment, on a rule requiring the defendant to pay over to the plaintiffs a sum of money. There were many plaintiffs and appellees, some of whom were not regularly cited.
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Eastern Dist. APPEAL PROM -THE COURT OP THE PIRST JUDICIAL DISTRICT. This was an appeal froto a judgment, on a rule requiring the defendant to pay over to the plaintiffs a sum of money. There were many plaintiffs and appellees, some of whom were not regularly cited. One of them, J. G-. Brown, the sheriff returned, could not be found after diligent search, and Pierre Foucher was cited, by leaving petition and citation of appeal at. the domicil of P. A. Delachaise, to a proper person above the age of fourteen years, without it appearing that he lived or had his domicil there.
1Opinion of the CourtMartin, J.
The plaintiffs and appellees ask the dismissal of the appeal, on the ground that they have not all been regularly cited. , „ , , , . . „ . . Several of them have not been cited at all. The citation of Brown was not served, as the sheriff says, because he could not be found. It ought to have been served on his attorney in the suit. That of Pierre Foucher was left at the domieil of Delachaise.
The appeal, therefore, must be dismissed.
2Cited by3 opinions
- Comire v. Schiro Amusement Co.Louisiana Court of Appeal · 1927
- Moore v. RutherfordSupreme Court of Louisiana · 1842
- Swearingen v. McDanielSupreme Court of Louisiana · 1845