Kelly v. Lyons
Supreme Court of Louisiana
A PPEAL from the Civil District Court for the Parish of Orleans. Bightor, J. A confession of judgment on a petition addressed to a judge in a jurisdiction outside of the domicile of the debtor, to be subsequently filed in such jurisdiction beyond the domicile, is virtually a waiver of domicile, and prohibited by Articles 89, 92,129 and 162 of the Code of Practice.
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A PPEAL from the Civil District Court for the Parish of Orleans. Bightor, J. A confession of judgment on a petition addressed to a judge in a jurisdiction outside of the domicile of the debtor, to be subsequently filed in such jurisdiction beyond the domicile, is virtually a waiver of domicile, and prohibited by Articles 89, 92,129 and 162 of the Code of Practice. Revised Stat. 1870, Sec. 1204. This recognition of the incompetent judge by the debtor, in a proceeding subsequently to be filed, is not within the exception contained in Article 93 of the Civil Code. Phipps vs. Snodgrass, 31 Ann.…
1Opinion of the Court
The opinion of the Court was delivered by ■
Fenner, J.
On the 8th day of February, 1886, Lyons filed in the Civil District Court a petition against Kelly upon notes and accounts aggregating $4250. The petition, when filed, contained the following-endorsement: “ Service of the foregoing petition accepted and citation waived, and judgment confessed in favor of plaintiff, as therein prayed for, with interest and costs,” which endorsement was signed by Kelly and duly acknowledged before a notary public, on February 6, 1886.
On February 10, 1886, judgment was rendered against Kelly, as *499prayed for,…
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