Baham v. Stewart Bros. & Co.
Supreme Court of Louisiana
Action by Andrew J. Baham against Stewart Bros. & Co. and others. Judgment for defendants, and plaintiff appealed to the Court of Appeal, which modified the judgment, and defendants apply for certiorari or writ of review to the Court of Appeal.
1Opinion
On Application for Rehearing.
NICHOLLS, C. J.
In his application for a rehearing, the plaintiff in injunction, Ba-ham, urges that the Supreme Court must have overlooked clause 4 of article 606 of the Code of Practice, which recites expressly as one of the grounds for an action of nullity the case where the defendant has not been legally cited, and has not entered .appearance, joined issue, or had not a regular judgment by default taken against him. He further urges that the Supreme Court ■overlooked two of the grounds upon which he attacked the judgment in favor of Stewart Bros. & Co.; one…
2Cases cited3 opinions
- Villars v. FaivreSupreme Court of Louisiana · 1884
- State v. BeederSupreme Court of Louisiana · 1892
- Rauxet v. RauxetSupreme Court of Louisiana · 1886