Pilie v. Kenner
Supreme Court of Louisiana
APPEAL FROM THE COMMERCIAL COURT OP NEW-ORLEANS. This is an action against the defendant, as endorser of a promissory note, duly protested. The plaintiff made proof of the signatures of the payee, and also of the defendant as second endorser. There was judgment by default made final, and the defendant appealed.
Read the full summary
APPEAL FROM THE COMMERCIAL COURT OP NEW-ORLEANS. This is an action against the defendant, as endorser of a promissory note, duly protested. The plaintiff made proof of the signatures of the payee, and also of the defendant as second endorser. There was judgment by default made final, and the defendant appealed. The principal grounds relied on are, that there was no legal service of citation and petition. insisted on the affirmance of the judgment. urged the reversal of the judgment, on the following grounds : 1. The defendant has not been legally cited : Code of Practice, arts. 189, 201. The…
1Opinion of the CourtMartin, J.
The defendant is appellant from a judgment by default, and prays the reversal, on an allegation that he was not legally cited.
The sheriff’s return on the citation, is in the following words: “ Served petition and citation on H. B. Kenner, by leaving the same at his domicil, with Mr. Green, his agent, he being absent.”
It appears to us, that the service of petition and citation was not legally made ; it not being stated in the return of the sheriff, that the person with whom the citation was left *572ce was living in the house. ” Code of Practice, 189. Nor “ where the domicil, or the house…
2Cited by7 opinions
- Wilson v. KingSupreme Court of Louisiana · 1955
- Satterley v. MorganSupreme Court of Louisiana · 1881
- Richardson v. Trustees' Loan & Guaranty Co.Louisiana Court of Appeal · 1931
- Lehman, Stern & Co. v. BroussardSupreme Court of Louisiana · 1893
- Delphine St. Amand v. LongSupreme Court of Louisiana · 1873
2 more not listed; retrieve them via the Exa API.