Seymour v. Cooley
Supreme Court of Louisiana
APPEAL FROM THE COURT OF THE FOURTH JUDICIAL DISTRICT, THE JUDGE OF THE SECOND PRESIDING. This is an action of nullity, to annul and set aside a former judgment of tbe same court. In 1S23, the present plaintiff recovered a tract of land from the present defendant in tbe parish of Point Coupée.
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APPEAL FROM THE COURT OF THE FOURTH JUDICIAL DISTRICT, THE JUDGE OF THE SECOND PRESIDING. This is an action of nullity, to annul and set aside a former judgment of tbe same court. In 1S23, the present plaintiff recovered a tract of land from the present defendant in tbe parish of Point Coupée. In September, 1833, the now defendant, Cooley, filed his petition in the District Court for the parish of Point Coupée, claiming three thousand dollars, as the value of the'improvements he had put on the land from which he had been evicted by the present plaintiff, Seymour; alleging in his petition,…
1Opinion of the CourtMartin, J.
This is an action of nullity, instituted by the plaintiff to annul and set aside a judgment rendered against him, on the alleged ground that he had never been legally cited; and that no appearance or judgment by default, had been previously had or taken in the case. There was a judgment pronounced against him, from which he has appealed to this court.
The suit in which the judgment sought to be annulled was given, was instituted under the 57th article of the Louisiana Code, on the suggestion that the defendant was an absentee, and had no known agent in the state, and that no curator had been…
2Cited by5 opinions
- Lindquist v. Maurepas Land & Lumber Co.Supreme Court of Louisiana · 1903
- Anheuser-Busch Brewing Ass'n v. McGowanSupreme Court of Louisiana · 1897
- Blanck v. SpeckmanSupreme Court of Louisiana · 1871
- Hernandez v. JamesSupreme Court of Louisiana · 1871
- Milliken & Farwell v. Taft Mercantile Co.Louisiana Court of Appeal · 1927