Stackhouse v. Zuntz
Supreme Court of Louisiana
APPEAL from the Civil District Court, for the Parish of Orleans. Lamms, J. - 1. The absolute nullity of a judgment is a good defence to an action to revive it. Kiug vs, Pickett et als. 31 A. 1006. 2. A judgment against a dead man is an absolute nullity, and does not affect his heirs not made parties.
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APPEAL from the Civil District Court, for the Parish of Orleans. Lamms, J. - 1. The absolute nullity of a judgment is a good defence to an action to revive it. Kiug vs, Pickett et als. 31 A. 1006. 2. A judgment against a dead man is an absolute nullity, and does not affect his heirs not made parties. McClosltoy, Bigley & Co. vs. "Wingfield & Bridges, 29 A. 142, Edwards vs. Whited. 29 A. 650 ¡ 5 B. 508; 5 'A. 737. 3. There can he no evidence of the service of petition and citation except the sheriff's return. Harris vs. Alexander, 1 11. 30. 4. If one dies pending a suit and his heirs are made…
1Opinion of the Court
The opinion of the Court was delivered by
Todd, J.
This is an action to revive a judgment rendered in the Fifth District Court of the Parish of Orleans on the 20th February, 1872. The suit in which the judgment sought to he revived was rendered, was an injunction suit in which an order of seizure and sale, taken out in the District Court of the Parish of Plaquemines by the defendant, James E. Zunts, against a plantation in that parish, was enjoined by W. Si H. Stackhouse, the owners of the plantation.
The debt for which the order issued was, in capital, $50,000, and upon final trial the…
2Cases cited1 opinion
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