Legal Opinion

Ratliff v. His Creditors

Supreme Court of Louisiana

Decided January 15, 1840PublishedCited by 5 opinions

Eastern Dist. APPEAL FROM THE COURT OF THE THIRD DISTRICT FOR THE PARISH OF EAST FELICIANA, JUDGE JONES, OF THE EIGHTH DISTRICT, PRESIDING. In this case there was judgment overruling the opposition of the representatives of N. Cox, deceased, to the tableau of distribution filed by the syndic, in which a preference was set up over the claims of Rhodes & Peters, Palmer & South-mayd, and other creditors.

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Eastern Dist. APPEAL FROM THE COURT OF THE THIRD DISTRICT FOR THE PARISH OF EAST FELICIANA, JUDGE JONES, OF THE EIGHTH DISTRICT, PRESIDING. In this case there was judgment overruling the opposition of the representatives of N. Cox, deceased, to the tableau of distribution filed by the syndic, in which a preference was set up over the claims of Rhodes & Peters, Palmer & South-mayd, and other creditors. The opponents appealed, and made these two firms and the syndic, appellees. Citations and petition of appeal were regularly served on Palmer & Southmayd, and on the syndic. But in relation to…

1Opinion of the Court

Martin, /.,

delivered the opinion of the court.

The dismissal of the appeal is prayed for on account of irregularity in the service of citation, which was made on the attorney of the appellees, Rhodes & Peters. The sheriff having returned on the first citation, that, the appellees were not found in his parish, tiie appellant obtained the judge’s order for an alias citation to be served on the attorney, which was accordingly done.

It is urged, that one of these appellees, at the time of the service made on the attorney, resided in the city of New-Qrleans, the sheriff of which made the return of “…

2Cited by5 opinions

  1. State ex rel. Jennings-Heywood Oil Syndicate v. De BaillonSupreme Court of Louisiana · 1904
  2. Beebe v. GuinaultSupreme Court of Louisiana · 1877
  3. Borde v. ErskineSupreme Court of Louisiana · 1881
  4. Borde v. ErskineSupreme Court of Louisiana · 1877
  5. Comire v. Schiro Amusement Co.Louisiana Court of Appeal · 1927

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