Ballard v. Lee's Administrator
Supreme Court of Louisiana
Western Dist. APPEAL FROM THE COURT OF PROBATES FOR THE PARISH OF CONCORDIA. This is an action against the administrator of C. S. Lee’s estate, on a bill of exchange, drawn by the deceased. The sheriff made the following return of service of citation, &c.: “ Served, on the 25th September, 1838, by leaving a copy of this citation and of the petition with William JYench, a free white person over fourteen years of age, • residing at the defendant’s domicil in this parish.”
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Western Dist. APPEAL FROM THE COURT OF PROBATES FOR THE PARISH OF CONCORDIA. This is an action against the administrator of C. S. Lee’s estate, on a bill of exchange, drawn by the deceased. The sheriff made the following return of service of citation, &c.: “ Served, on the 25th September, 1838, by leaving a copy of this citation and of the petition with William JYench, a free white person over fourteen years of age, • residing at the defendant’s domicil in this parish.” The defendant failed to appear, and a judgment by default was taken. Before proceeding to final judgment, the plaintiff…
1Opinion of the CourtMartin, J.
The defendant and appellant has placed his case before us, on an assignment of errors, one of which only it becomes necessary to notice : to wit, the want of legal service of the original citation.
The sheriff’s return states, “that he 'made service by leaving a copy of the .citation and of the petition with William French, a free white person over fourteen years of age, residing at the defendant’s domicil in this parish.”
The Code of Practice, article 189, requires “that service . . 1 must be made by leaving copies of the citation and petition ^ie usual place of domicil or residence of the…
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