Legal Opinion

Kræbutler v. President of the Bank of the United States

Supreme Court of Louisiana

Decided January 15, 1846PublishedCited by 3 opinions

Appeal from the Commercial Court of New Orleans., Watts, J. This suit was commenced by attachment against an absent defendant. The record of appeal comes up with a certificate, declaring that it contains all the proceedings and evidence on which the cause was tried. Tiie judgment was a nullity for want of citation. The mode of citing an absent defendant in an attachment case, is by posting at thé door of the church or court room, a citation addressed to him.

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Appeal from the Commercial Court of New Orleans., Watts, J. This suit was commenced by attachment against an absent defendant. The record of appeal comes up with a certificate, declaring that it contains all the proceedings and evidence on which the cause was tried. Tiie judgment was a nullity for want of citation. The mode of citing an absent defendant in an attachment case, is by posting at thé door of the church or court room, a citation addressed to him. In the language of this court in Putnam's case, (3 Robinson, 233,) “ it has been repeatedly .held, that the formalities prescribed by…

1Opinion of the CourtGarland, J.

This is an action on a bill of exchange for £i5000 sterling, drawn in London, by O. F. Mercer, as the attorney of the Union Bank of Florida, on Samuel Jaudon, agent of the Bank of the United States in said city, and accepted by him as such. The bill was protested for non-payment at maturity, and interest and damages are claimed according to the law of England. The suit was commenced by attachment, and a number of persons cited as garnishees, among whom is Robert Copland, now an appellee in one of the two appeals which have arisen out of this case. See 11 Robinson, 160.

The petition was filed…

2Cases cited3 opinions

  1. Miller v. WhittierSupreme Court of Louisiana · 1833
  2. Flower v. Hagan & Co.Supreme Court of Louisiana · 1831
  3. Gazzam v. WrightSupreme Court of Louisiana · 1832

3Cited by3 opinions

  1. Lackey v. MacmurdoSupreme Court of Louisiana · 1854
  2. Thiberge Printing Co v. DrummLouisiana Court of Appeal · 1927
  3. Butler v. FordSupreme Court of Louisiana · 1844

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