Griffing v. Caldwell
Supreme Court of Louisiana
Appeal from tbe District Court for Ouachita, Wilson, J. This ivas an action on'a promissory note A judgment hy default was confirmed against the defendant, Caldwell; the other defendants separated in their answers. Brigham answered that the plaintiff had not used due diligence in proceeding against the principal debtor, who had unincumbered property in the parish more than sufficient to satisfy the debt, and prayed that it might be discussed before proceeding against him.
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Appeal from tbe District Court for Ouachita, Wilson, J. This ivas an action on'a promissory note A judgment hy default was confirmed against the defendant, Caldwell; the other defendants separated in their answers. Brigham answered that the plaintiff had not used due diligence in proceeding against the principal debtor, who had unincumbered property in the parish more than sufficient to satisfy the debt, and prayed that it might be discussed before proceeding against him. The answers of Downs contained the same allegations; and prayed for a discussion of the property of the principal debtor,…
1Opinion of the CourtMartin, J.
The defendants are appellants from a judgment against Caldwell and his co-defendants, Brigham and Downs, as his sureties on a promissory note.
The defendant, Caldwell, urges in this court, that there is no evidence of a legal service of petition and citation on him, the sheriff’s 'return stating that copies were left at his domicil, instead of showing they were left at his usual domicil; and that it in no wise appears from the-sheriff’s return that the copy served on him was sealed and certified by the clerk to be a true copy of the one on which he makes his return, or that the original…
2Cases cited2 opinions
- Boutte v. MartinSupreme Court of Louisiana · 1840
- Bryan's Administrator v. SpruellSupreme Court of Louisiana · 1840
3Cited by1 opinion
- The Frances, Boyer, Master. ( Thompson and Al. .)Supreme Court of the United States · 1814