Zacharie v. Blandin
Supreme Court of Louisiana
APPEAR FROM THE COURT OF THE FIRST DISTRICT. The defendant was arrested on the 16th February, at the suit of the plaintiff, who sued as surviving partner of á commercial firm. On the day of arrest a citation was served, on the defendant in person; but on the day following, and before service of the petition, he departed from the state for his residence in the Republic of Mexico.
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APPEAR FROM THE COURT OF THE FIRST DISTRICT. The defendant was arrested on the 16th February, at the suit of the plaintiff, who sued as surviving partner of á commercial firm. On the day of arrest a citation was served, on the defendant in person; but on the day following, and before service of the petition, he departed from the state for his residence in the Republic of Mexico. On the 27th of the same month the defendant, by his counsel, excepted to the petition, and prayed that it be dismissed on the following grounds, viz: 1. Because due and legal service of petition and citation was never…
1Opinion of the CourtPorter, J.
The defendant in this case was arrested by order of the judge, and directed to he held in custody until he gave bail. Whether he did give bail or not the record does not inform us. At the time of the arrest a citation to appear and answer the annexed petition was served on him, but it appears the petition was not served. He filed the following exceptions:
1. Want of regular service of the petition and citation.
2. A denial of right in the plaintiff, who styled himself surviving partner of a commercial firm, to maintain an action against him for a debt due to the firm.
Before these exceptions…
2Cited by4 opinions
- Inter City Express Lines, Inc. v. GuariscoLouisiana Court of Appeal · 1936
- Fried v. EdmistonLouisiana Court of Appeal · 1949
- Succession of MarchandSupreme Court of Louisiana · 1906
- Succession of WatersSupreme Court of Louisiana · 1857