Stone v. Minor
Supreme Court of Louisiana
Appeal from the District Court of Madison, Willson, J. The judgment in Mississippi was by default, and will not support proceedings via executiva.
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Appeal from the District Court of Madison, Willson, J. The judgment in Mississippi was by default, and will not support proceedings via executiva. Code of Practice, art. 747. To take the case out of the rule laid down by this article, there must have been a judgment on a plea, or defence. 8 La. 294. 10 lb. 193, 220, 381. 1 Kent, 260. Under the decision in Pillet v. Edgar and others, 4 Robinson, 274, executory process cannot be issued, the foreign judgment not having been revived by scire facias, though more than a year had elapsed since it was rendered.
1Opinion of the CourtMorphy, J.
The defendant has appealed from an order of seizure and sale, rendered upon a judgment obtained by the plaintiff in the State of Mississippi. He has assigned as errors apparent upon the face of the record : 1st. That the Mississippi judgment was rendered by default, and cannot be made executory in this State, under art. 747, of the Code of Practice, but that the plaintiff must resort to an ordinary suit.
*302d. That the judgment was rendered in January, 1840, and that more than one year has elapsed without any execution having been issued under it, and without its being revived by a scire facias.
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2Cited by2 opinions
- Minor v. StoneSupreme Court of Louisiana · 1846
- Erwin v. LowrySupreme Court of Louisiana · 1846