Legal Opinion

Godchaux v. Texas & P. Ry. Co.

Supreme Court of Louisiana

Decided May 30, 1921No. 23280PublishedCited by 15 opinions

Appeal from Fourteenth Judicial District Court, Parish of Avoyelles; S. Allen Bordelon, Judge. Action by Walter Godchaux against the Texas & Pacific Railway Company, and its receivers. From a judgment dismissing the suit, plaintiff appeals.

1Opinion of the Court

On Rehearing.

DAWKINS, J.

[1] It was said in our former opinion that the record contained no evidence of service upon the receivers; but, since our said opinion was handed down, the transcript has been supplemented and the citation addressed to the receivers with return thereon, showing service regularly made, brought up. In any event, the question of .citation had been waived by the appearance for the purpose of excepting to the jurisdiction. Tutorship of the Minors v. Byland, 38 La. Ann. 756.

[2] Plaintiff, appellant, concedes that the service upon the agent of the defendant at Marksville,…

2Cases cited4 opinions

  1. Barton v. BarbourSupreme Court of the United States · 1881
  2. McAlpin v. JonesSupreme Court of Louisiana · 1855
  3. McDonald v. VaughanSupreme Court of Louisiana · 1858
  4. Tutorship of Minor Heirs of BylandSupreme Court of Louisiana · 1886

3Cited by15 opinions

  1. Robinson v. Trustees of the New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1945
  2. Cutliffe v. PryseSupreme Court of Georgia · 1938
  3. Baton Rouge Bldg. Trades Council v. T. L. James & Co.Supreme Court of Louisiana · 1942
  4. Adams v. Ross Amusement Co.Supreme Court of Louisiana · 1935
  5. International Shoe Co. v. Picard & Geismar, Ltd.District Court, E.D. Louisiana · 1939

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