Stewart v. Purcell

McBRIDE, Judge.

Mrs. Camille Hopkins Purcell, one of the defendants, appealed from the judgment by default taken against her, George F. Purcell, and Sonny Purcell, which judgment is the subject of discussion in the case of Purcell v. Stewart, La.App., 131 So.2d 905 (consolidated herewith). The only error appellant assigns is that the preliminary default which led up to the judgment was illegal not having been taken by motion in open court.

The then prevailing Code of Practice provided:

Art. 310. “Defendant failing to appear. — If the defendant do not appear either in person or by his advocate…