Laughlin v. Louisiana & New Orleans Ice Co.
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. Lazarus, J. Personal service is necessary in a personal suit; substituted service by the appointment of a curator ad hoc does not constitute that “ duo process of law,” contemplated in the 14th Amendment, Constitution U. S., and is in conflict therewith. Pennoyer vs. Nefl‘, 95IJ. S. Reports, p. 714 et scq.
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APPEAL from the Civil District Court for the Parish of Orleans. Lazarus, J. Personal service is necessary in a personal suit; substituted service by the appointment of a curator ad hoc does not constitute that “ duo process of law,” contemplated in the 14th Amendment, Constitution U. S., and is in conflict therewith. Pennoyer vs. Nefl‘, 95IJ. S. Reports, p. 714 et scq. Foreign corporations form a particular class of absentees specially provided for in Article 236 of the Constitution of Louisiana of 1879.
1Opinion of the Court
The opinion of the-Court was delivered by
Fennek, J.
Defendant, a foreign corporation, unrepresented in this State by any aghnt having authority to receive service of process, is sued in a personal action sounding in damages. Upon the simple averment that it owns property in the State, the attempt is made to bring the defendant into court by substituted service upon a curator ad hoc appointed by the court to represent the absent person. The curator ad hoe so appointed excepted to the jurisdiction of the court, on the ground that substituted service on a curator ad hoc, in a case of this…
2Cases cited3 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Harkness v. HydeSupreme Court of the United States · 1879
- Brooklyn v. Insurance Co.Supreme Court of the United States · 1879
3Cited by6 opinions
- Pugh v. FlannerySupreme Court of Louisiana · 1922
- Tell v. SenacSupreme Court of Louisiana · 1909
- Bahan v. Youngstown Sheet & Tube Co.Louisiana Court of Appeal · 1966
- Fried v. EdmistonLouisiana Court of Appeal · 1949
- Landis Young v. Gossett WinnLouisiana Court of Appeal · 1936
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