Moore v. Jacobs
Supreme Court of Louisiana
AFPEAL FROM THE COURT OF THE PARISH AND CITV OF^NEW-ORLEANb. This was an action upon a promissory note, to which the defendant pleaded the following exception : “ That previous to the institution of the suit, he had obtained a stay of proceedings which was still in force.” It appeared, that the plaintiff, who was placed on the bilan, resided within the state, but out of the parish where the proceedings took place.
Read the full summary
AFPEAL FROM THE COURT OF THE PARISH AND CITV OF^NEW-ORLEANb. This was an action upon a promissory note, to which the defendant pleaded the following exception : “ That previous to the institution of the suit, he had obtained a stay of proceedings which was still in force.” It appeared, that the plaintiff, who was placed on the bilan, resided within the state, but out of the parish where the proceedings took place. Personal service was made upon creditors resident in the parish, and notice of the time and place of meeting published in the French and English languages, but no notification was…
1Opinion of the CourtMartin, J.
The plaintiff is appellant from the judgment, by which the court sustained the defendant’s plea, and dismissed the petition, on the ground, that a stay of proceedings had been obtained by the defendant; and was still in force, at the time the petition was filed.
The appellant in this court, has urged, that the first judge erred, as he (the appellant) was not made a party (to the proceedings on the surrender) according to' law, and is not therefore, bound by these proceedings.
It appears, the plaintiff was duly placed on the insolvent’s schedule. He resides in the county of Attakapas, and the…
2Cited by1 opinion
- Bates v. WeathersbySupreme Court of Louisiana · 1847