Boykin v. Holden

The judgment of the court was pronounced by

Seidell, J.

The plaintiff has enjoined the execution of a judgment obtained against him by Holden, alleging that he was not cited, nor did he make any appearance in the cause, and that the attorney who appeared for him, and confessed judgment, had no authority to do so.

Although Boykin alleges himself in the petition to be a resident of Terrebonne, and his presence in that parish at the time of bringing this suit may, in the absence of evidence to the contrary, be fairly inferred from the fact that the injunction bond is signed by him; yet he has not…