Legal Opinion

Carrere v. Aucoin

Supreme Court of Louisiana

Decided November 4, 1908No. 17,102PublishedCited by 7 opinions

Appeal from Civil District Court, Parish of Orleans; John St. Paul, Judge. Action by Ernest A. Carrere against Alie A. Aucoin. Judgment dismissing the action, and Aucoin appeals.

1Opinion of the CourtLand, J.

This suit is an action to annul a judicial sale made under executory process in the above-entitled proceeding, and should have been entitled “Alic A. Aucoin v. Ernest A. Carrere.”

The sole ground of alleged nullity is that the three days’ preliminary notice provided by article 735 of the Code of Practice in case of orders of seizure and sale was served on Alie A. Aucoin in the parish of Lafourche, and not in the parish of Orleans, where he resided, where the property was situated, and where the suit was instituted.

The suit to annul was dismissed on an exception of no cause of action, and…

2Cases cited10 opinions

  1. M'Donough v. Gravier's CuratorSupreme Court of Louisiana · 1836
  2. Birch v. BatesSupreme Court of Louisiana · 1870
  3. Chase v. New Orleans Gas Light Co.Supreme Court of Louisiana · 1898
  4. Hart v. Pike, Brother & Co.Supreme Court of Louisiana · 1877
  5. Amis v. Bank of LouisianaSupreme Court of Louisiana · 1844

5 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Consolidation Loans, Inc. v. GuercioLouisiana Court of Appeal · 1967
  2. Ring v. SchilkoffskySupreme Court of Louisiana · 1925
  3. Abbott v. PrattSupreme Court of Louisiana · 1918
  4. Carrere v. AucoinSupreme Court of Louisiana · 1910
  5. Langford v. SpencerLouisiana Court of Appeal · 1939

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API