H. B. Claflin Co. v. B. Feibelman & Co.
Supreme Court of Louisiana
APPEAL from the Seventeenth District Oourt, Parish of East Baton Rouge. Buckner, J. A. Proceedings in attachment, and ex parte affidavit made to obtain such attachment, not admissible on behalf of an intervenor, in a suit between other parties except to prove rein ipsam. 2.An exceptor who goes to trial on the merits, on answer filed, without requiring the court to pass upon his exception, will be held to have waived such exception.
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APPEAL from the Seventeenth District Oourt, Parish of East Baton Rouge. Buckner, J. A. Proceedings in attachment, and ex parte affidavit made to obtain such attachment, not admissible on behalf of an intervenor, in a suit between other parties except to prove rein ipsam. 2.An exceptor who goes to trial on the merits, on answer filed, without requiring the court to pass upon his exception, will be held to have waived such exception. C. P. 338; Mix vs. Iiis Creditors, 40 An. 626; Boon vs. Carroll, 35 An. 284; Chaffe vs. Ludeling, 34 An. 966; Francis vs. Lavigne, 2o An. 312. Referring an…
1Opinion of the Court
The opinion of the court was delivered by
Fenner, J.
The H. B. Claflin Company instituted this attachment suit against the commercial firm of B. Feibelman & Co., claiming an indebtedness as due them by the defendant of $30,970.70, of which, however, the sum of $22,500 was claimed by them as holders of three promissory notes of $7500 each, which were made by the firm of Cohn & Feibleman and endorsed by the defendant and not due at the date of suit.
The defendant firm promptly interposed an exception to the cause of action on the ground 11 that the action is premature and the debt nob due.”…
2Cited by13 opinions
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- Pringle Associated Mortgage Corporation v. EanesLouisiana Court of Appeal · 1968
- Mari v. MariSupreme Court of Puerto Rico · 1918
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