Tarver v. Quinn
Supreme Court of Louisiana
Certiorari to Court of Appeals, Second' Circuit. Suit by A. E. Tarver against P. H. Quinn and J. Laing. From judgment of dismissal, plaintiff brings certiorari or writ of review,
1Opinion of the CourtProvosty, J.
This is a suit in nullity of judgment.
Judgments may not be -annulled for any and all causes which might have availed for defense or on appeal. In the case of Blanck v. Speckman, 23 La. Ann. 146, the syllabus reads:
“A judgment cannot be annulled by direct action for any alleged vice of form in the mode of proceeding. It can only be annulled by such action for one of the three classes of vice of form contained in article 606 of the Code of Practice, viz: First, where the judgment debtor could not stand in judgment; second, where the judgment debtor had not been cited; third, where the court is…
2Cases cited17 opinions
- Lehman Dry Goods Co. v. LemoineSupreme Court of Louisiana · 1911
- Lanfear v. MestierSupreme Court of Louisiana · 1866
- Kenner v. CousinSupreme Court of Louisiana · 1927
- Moss v. DrostSupreme Court of Louisiana · 1912
- Swain v. SampsonSupreme Court of Louisiana · 1851
12 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Tapp v. Guaranty Finance CompanyLouisiana Court of Appeal · 1964
- Alonso v. BowersSupreme Court of Louisiana · 1953
- East Tangipahoa Development Co. v. Bedico Junction, LLCLouisiana Court of Appeal · 2008
- Accardo v. DimiceliSupreme Court of Louisiana · 1954
- Faulkner v. Milner-Fuller, Inc.Louisiana Court of Appeal · 1934
18 more not listed; retrieve them via the Exa API.