McDonough v. Fost

The defendant is appellant from an order of seizure and sale, and relies upon an assignment of errors apparent on the face of the record, as follows :

1. Because there was no protest of the note alleged to he due; nor could there be a legal protest or demand of that which was not yet due.

2. The second note stied on was not yet due, and the 'allegation *296of non-payment of it when due, was premature, as well as untrue.

3. The notice required by art. 735 of the Code of Practice was not given to the debtor, before the order was obtained. The requiring of such notice is nothing but reasonable, and is…