Enders v. Steamer Henry Clay
Supreme Court of Louisiana
Appeal from the District Court of the First District, Buchanan, J. A motion to dissolve an attachment is too late, after a trial on the merits. 7 Mart. 398. Defendants having pleaded to the merits, plaintiffs are entitled to a judgment in personam, though the attachment be dissolved. That there was an appearance is proved by the bonding of the property. Code of Pract. art. 259. 7 La. 390. Besides there was an answer by counsel.
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Appeal from the District Court of the First District, Buchanan, J. A motion to dissolve an attachment is too late, after a trial on the merits. 7 Mart. 398. Defendants having pleaded to the merits, plaintiffs are entitled to a judgment in personam, though the attachment be dissolved. That there was an appearance is proved by the bonding of the property. Code of Pract. art. 259. 7 La. 390. Besides there was an answer by counsel. A plea and trial on the merits cures any want of citation. Code of Pract. art. 333. 4 La. 482.
1Opinion of the CourtBullard, J.
This is an action brought by the owners of the steamboat Walk-in-the-Watery against-the captain and owners of the steamboat Henry Clay, .to recover damages sustained in consequence of a collision, alleged to have been caused by the fault of the latter. They recovered a judgment for $1400, and the defendants have appealed.
The collision took place a short distance above the confluence of the Ohio and the Mississippi, in the former, near the left bank, where there is a slight curve in the stream, and not far above Cairo. The Walk-in-the-Water was ascending, had stopped at Cairo, and then started…
2Cited by3 opinions
- Muntz v. Algiers & G. Ry. Co.Supreme Court of Louisiana · 1905
- Ryan v. Dendinger, Inc.Louisiana Court of Appeal · 1941
- Union Sawmill Co. v. Lake Lumber Co.Supreme Court of Louisiana · 1906