Hollingsworth v. Atkins Bros.
Supreme Court of Louisiana
APPEAL from the Ninth District Court, Parish of Red River. Hall, J. 'The objection to citation in a suit commenced by conservatory pro- / cess is waived by bonding the property. Cross on Pleadings, p. 165, Sec. 170; Bush vs. Dewing, 24 An. 272. The bonding of property attached was giving an effect at least equal to an appearance curing a defective citation or absolute want of citation.
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APPEAL from the Ninth District Court, Parish of Red River. Hall, J. 'The objection to citation in a suit commenced by conservatory pro- / cess is waived by bonding the property. Cross on Pleadings, p. 165, Sec. 170; Bush vs. Dewing, 24 An. 272. The bonding of property attached was giving an effect at least equal to an appearance curing a defective citation or absolute want of citation. Williams et al. vs. Gilkerson-Schloss Commission Company, 45 An. 1013. The map of a surveyor made from an ex parte survey may be received in evidence as a memorandum from which he can testify. The unsworn…
1Opinion of the Court
The opinion of the court was delivered by
Breaux, J.
Plaintiff claims rent as lessor of a plantation on Redi river known as the “ Jordan Ferry ” plantation.
The defendants held as transferees of Smith Bros, for the years. 1891 to 1894.
For the year 1892, the defendants, after they had became transferees of the lease, executed two notes, one for the sum of two thousand and thirty-two dollars and sixty-six cents due November 1, 1892, and the other for five hundred and eighty-eight dollars due on the 30th of that month.
Prior to their maturity, the plaintiff instituted suit on these two notes and…
2Cited by10 opinions
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- Shreveport Ice & Brewing Co. v. Mandel Bros.Supreme Court of Louisiana · 1911
- Cortiza v. RosenblatLouisiana Court of Appeal · 1974
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