Barras v. Bidwell
U.S. Circuit Court for the District of Louisiana
Heard upon exceptions of the defendant [David Bidwell] to petition of the plaintiff [Hiram D. Barras] on plaintiff’s motion to strike out defendant’s answer, and on plaintiff’s exception to the defendant’s claim in reconvention.
1Opinion of the Court
WOODS, Circuit Judge.
I. The defendant has incorporated in his answer an exception to the plaintiff’s petition whereby he denies that the plaintiff is or ever was the administrator of the estate of Charles M. Barras, and avers that he never has been appointed, recognized or qualified as such in the state of Louisiana, and, therefore, cannot maintain this action in this state. This exception cannot stand for several reasons. First, it is pleaded, as the record shows, after a judgment by default, which is forbidden by article 333, Code Pr. Second, even if there had been no default, it comes too…
2Cases cited12 opinions
- Embury v. . ConnerNew York Court of Appeals · 1850
- Gardner v. BuckbeeNew York Supreme Court · 1824
- Le Guen v. GouverneurCourt for the Trial of Impeachments and Correction of Errors · 1798
- Lawrence v. HuntNew York Supreme Court · 1833
- Wright v. ButlerCourt for the Trial of Impeachments and Correction of Errors · 1830
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