Legal Opinion
General Motors Acceptance Corp. v. Guidry
Louisiana Court of Appeal
Decided July 1, 1965No. 1499PublishedCited by 4 opinions
1Opinion of the Court
TATE, Judge.
Supervisory writs were granted to review the trial court’s failure to enjoin a sheriff’s sale under a writ of fieri facias. The relator-defendant alleges she is entitled to injunctive relief because the judgment sought to be executed against her is absolutely null (see LSA-CCP Art. 2298(4)), since on the face of the record there was no citation and service of the petition (see LSA-CCP Art. 1201).
The principal thrust of the relator’s complaint is that the trial court erred in admitting parol evidence to prove service of the petition and citation when no official return had ever…
2Cases cited6 opinions
- Dickey v. PollockLouisiana Court of Appeal · 1938
- Adler v. Board of Levee Com'rsSupreme Court of Louisiana · 1929
- Harris ex rel. Watson v. John S.Supreme Court of Louisiana · 1841
- Weldon v. GandyLouisiana Court of Appeal · 1940
- Gliddon v. GoosSupreme Court of Louisiana · 1869
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Thompson v. CourvilleLouisiana Court of Appeal · 1979
- Hood Motor Company, Inc. v. LawrenceLouisiana Court of Appeal · 1976
- Consolidation Loans, Inc. v. GuercioLouisiana Court of Appeal · 1967
- Pertuit v. LeBlancLouisiana Court of Appeal · 1968