Warren v. Copp
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. Ellis, J. It is now settled jurisprudence in this State that actions to annul judgments are not confined to the causes specified in the Code of Practice, but extend to all cases which would be a ground for such relief, under the practice of the courts of equity in other States. 1 Rob. 528; 3 An. 646; 6 An. 799; 31 An. 288. The elements essential to obtain such relief are: (1) That the party has no other means of…
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APPEAL from the Civil District Court for the Parish of Orleans. Ellis, J. It is now settled jurisprudence in this State that actions to annul judgments are not confined to the causes specified in the Code of Practice, but extend to all cases which would be a ground for such relief, under the practice of the courts of equity in other States. 1 Rob. 528; 3 An. 646; 6 An. 799; 31 An. 288. The elements essential to obtain such relief are: (1) That the party has no other means of relief, such as by appeal or new trial; (2) he has not been guilty of laches in asserting his right; (3) that the…
1Opinion of the Court
The opinion of the court was delivered b.y
McENERY, J,
The plaintiff obtained judgment against the defendant. She issued a fi. fa. on the judgment, and a garnishee process against Violett & Co., residing in the city of New Orleans, where the judgment was obtained.
On April 24, 1895, the garnishees were personally cited. The next day the garnishees went before an officer and answered the interrogatories, positively denying that they had any property of the defendant in their possession, or under their control, or that they were indebted to him in any amount. The answers to the interrogatories…
2Cases cited2 opinions
- Chinn v. First Municipality of New OrleansSupreme Court of Louisiana · 1842
- DeBlanc v. WebbSupreme Court of Louisiana · 1833
3Cited by6 opinions
- Tarver v. QuinnSupreme Court of Louisiana · 1921
- Cusachs v. DugueSupreme Court of Louisiana · 1903
- Succession of RufinSupreme Court of Louisiana · 1918
- Coltraro v. ChotinLouisiana Court of Appeal · 1925
- Carrere v. AucoinSupreme Court of Louisiana · 1910
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