Proseus v. Mason
Supreme Court of Louisiana
Eastern Dist. ATTEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. This case commenced by attachment. The plaintiff claims .a debt of seven hundred and thirty dollars and seventy-ñve cents, as due, and owing to him by one Noah Mason, who, he alleges, has absconded. He prays for an attachment and judgment, and that William Mack be summoned as a garnishee, to answer interrogatories touching funds and effects of the defendant, in his hands.
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Eastern Dist. ATTEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. This case commenced by attachment. The plaintiff claims .a debt of seven hundred and thirty dollars and seventy-ñve cents, as due, and owing to him by one Noah Mason, who, he alleges, has absconded. He prays for an attachment and judgment, and that William Mack be summoned as a garnishee, to answer interrogatories touching funds and effects of the defendant, in his hands. The suit was instituted the 30th of November, 1836, and on the 17th of December an attorney was appointed to represent the defendant in attachment. On the…
1Opinion of the CourtBullard, J.
The appellant seeks the reversal of a judgment, by which the court permitted a garnishee to answer interrogatories after ten days had elapsed from the service of process, and after the court had, on motion of the plaintiff, declared that the matters set forth in the interrogatories must be taken pro confessis, but before any trial had been had against the defendant in attachment.
If the order which was entered on the 17th of December, and which has been improperly called a judgment by default, against the garnishee, had been rendered upon a rule to show cause, or other notice, to the…
2Cited by4 opinions
- Frazier v. WilcoxSupreme Court of Louisiana · 1843
- Carroll v. WallaceLouisiana Court of Appeal · 1881
- Lehman, Stern & Co. v. E. Martin & Co.Supreme Court of Louisiana · 1912
- National Park Bank v. Concordia Land & Timber Co.Supreme Court of Louisiana · 1922