Hornung v. Mills

This is an action of nullity of judgment upon the ground that the judgment debtor was not legally cited. Herbert C. Mills alleged that Edward J. Hornung obtained a judgment in the First City Court against him in the sum of $300 by default, without proper citation, since it was served on his wife, from whom he had become estranged and with whom he was not living at the time, at her domicile No. 4174 Iberville Street, in the City of New Orleans.

Article 606 of the Code of Practice provides that among the vices of form for which a judgment can be annulled is the following:

"If the defendant has…