Bledsoe v. Erwin
Supreme Court of Louisiana
APPEAL froru the Eighth Judicial District Court, parish of Madison, Deloney3 J. Pirst — A judgment is the most solemn act of a court and cannot be created except by the action of a court. An apparent judgment, absolutely null for want of citation, appearance or plea, is no judgment. Second — Pleas, like res adjudicata, precluding an examination of the merits, cannot be aided by inference, but must be. established beyond all question.
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APPEAL froru the Eighth Judicial District Court, parish of Madison, Deloney3 J. Pirst — A judgment is the most solemn act of a court and cannot be created except by the action of a court. An apparent judgment, absolutely null for want of citation, appearance or plea, is no judgment. Second — Pleas, like res adjudicata, precluding an examination of the merits, cannot be aided by inference, but must be. established beyond all question. The legal presumption attaching to such an estoppel is of too grave a character to he recognized as resulting from any allegation in which its essential…
1Opinion of the Court
The opinion of the Court was delivered by
Bermudez, C. J.
The plaintiffs aver, in substance, that they are the owners of a valuable plantation in the possession of defendants; that the title which these pretend to have is void, the same being a sheriff’s adjudication in furtherance of proceedings under a judgment which is absolutely null for want of a valid citation. They pray for the annulment of the judgment, as also of the adjudication, for their recognition as owners, for the expulsion of the defendants and for the recovery of rents and revenues for many years at $5000 per annum.
In bar, the…
2Cases cited9 opinions
- Russell v. PlaceSupreme Court of the United States · 1877
- Barrow v. HuntonSupreme Court of the United States · 1879
- Gaines Et Ux. v. ChewSupreme Court of the United States · 1844
- Homer v. BrownSupreme Court of the United States · 1854
- House v. MullenSupreme Court of the United States · 1875
4 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Long v. ChailanSupreme Court of Louisiana · 1937
- Laenger v. LaengerSupreme Court of Louisiana · 1915
- Decuir v. DecuirSupreme Court of Louisiana · 1901
- Canterberry v. Slade BrothersSupreme Court of Louisiana · 1957
- Tracy v. DufreneSupreme Court of Louisiana · 1960
11 more not listed; retrieve them via the Exa API.