Bryan's Administrator v. Spruell
Supreme Court of Louisiana
APPEAL FROM THE COURT OF THE SEVENTH DISTRICT, FOR THE PARISH OF OUACHITA, THE JUDGE OF THE FIFTH PRESIDING. This is an action against the maker of a promissory note. Two interrogatories were propounded to the defendant. 1st, Did he sign the note ; and 2d, was not payment demanded ? There was no answers or defence, and judgment by default being made final, the defendant appealed.
Read the full summary
APPEAL FROM THE COURT OF THE SEVENTH DISTRICT, FOR THE PARISH OF OUACHITA, THE JUDGE OF THE FIFTH PRESIDING. This is an action against the maker of a promissory note. Two interrogatories were propounded to the defendant. 1st, Did he sign the note ; and 2d, was not payment demanded ? There was no answers or defence, and judgment by default being made final, the defendant appealed. The signature to the note is made by the maker putting his ordinary mark ; and there is no proof of it, or evidence of any kind in the record, although the clerk certifies that the record contains all the evidence…
1Opinion of the CourtSimon, J.
in alt cases of judgments by default made final, the plaintiff must prove his demand; and not having done so the judgment will be reversed, and the case reraanded-
*314The defendant, sued on a promissory note, is appellant from judgment by default rendered against him, and assigns as errors apparent on the face of the record :
1st. That the return of . the sheriff does not show that the service of the citation was made at the usual place of residence of the defendan t, but simply at his domicil.
2d. That it does not appear from the record that the copies pretended to have been served on the…
2Cited by6 opinions
- Saenger Amusement Co. v. MasurSupreme Court of Louisiana · 1925
- Strange v. AlbrechtSupreme Court of Louisiana · 1938
- Strange v. AlbrechtLouisiana Court of Appeal · 1938
- Griffing v. CaldwellSupreme Court of Louisiana · 1841
- Buffalo Specialty Co. v. G. Pitard's SonsLouisiana Court of Appeal · 1917
1 more not listed; retrieve them via the Exa API.