David v. Rode
Supreme Court of Louisiana
APPEAL from the Nineteenth District Court, Parish of St. Mary. Goode, J. First. When the answer of the garnishee denies any indebtedness to the defendant, no judgment can be rendered against the garnishee, without a rule or other proceeding to traverse the answers of the garnishee. O. 3?. 264; 16 An. 253, 348; 19 An. 374; 27 An. 93 ; 28 An. 691; 6 An. 122; 31 An. 865; 32 An. 280. Second.
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APPEAL from the Nineteenth District Court, Parish of St. Mary. Goode, J. First. When the answer of the garnishee denies any indebtedness to the defendant, no judgment can be rendered against the garnishee, without a rule or other proceeding to traverse the answers of the garnishee. O. 3?. 264; 16 An. 253, 348; 19 An. 374; 27 An. 93 ; 28 An. 691; 6 An. 122; 31 An. 865; 32 An. 280. Second. It is only when the answers of the garnishee are an unconditional and unqualified confession of indebtedness to the defendant, that judgment can be rendered pro confessis against him. 246. Third. A judgment…
1Opinion of the Court
On Motion to Dismiss.
The opinion of the Court was delivered by
Todd, J.
The motion to dismiss the appeal is made by plaintiff and appellee on two grounds :
1. Because the appellee is not given, in the order and citation of appeal, the delay to which the law entitles him.
2. Because there is no seal on the citation of appeal.
First. The petition for an appeal was filed and the order granted on the 22d of June, 1881. Citation issued same day. The appeal was made returnable on 1st Monday of July, at Opelousas. Service acknowledged on the 30th of June, by the counsel for plaintiff and appellee, and…
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- Charles B. Nelsen & Co. v. RodriguezSupreme Court of Louisiana · 1931
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