H. L. Bain & Co. v. Oliphant
Supreme Court of Louisiana
Action in the city court of Shreveport by H. L. Baih & Co. against Zach Olipbant. Plaintiff obtained judgment, and thereafter, under execution, garnished the Morris & Dickson Company, Limited, against whom judgment was rendered pro confesso. The Morris & Dickson Company, Limited, thereupon appealed to the district court, where the appeal was dismissed, and then it applied for writs of certiorari and mandamus to reinstate the same.
1Opinion of the CourtMonroe, J.
Plaintiff obtained judgment against the defendant (Oliphant) in the city court of Shreveport for an amount aggregating, with interest and costs, $140.56, and thereafter, under execution, garnished Morris & Dickson Company, Limited (the relator now before this court); and, it falling to answer within the delay allowed, judgment was rendered against it, pro confesso. It thereupon (two days later) moved that the judgment so rendered be set aside and a new trial granted, on the grounds that it owed defendant nothing; that its president is mayor of Shreveport, and “a very busy man” ; that he gave…
2Cited by4 opinions
- Andrus v. Police Jury of Parish of LafayetteLouisiana Court of Appeal · 1972
- Abraham v. WallenbergSupreme Court of Louisiana · 1912
- American Universal Insurance v. ColemanLouisiana Court of Appeal · 1960
- Goodwin v. Southern Kraft CorporationLouisiana Court of Appeal · 1942