Leeds v. Debuys

The defendant is appellant from a judgment by default, afterwards made final. He complains that the first Judge erred in overruling his motion to have all the proceedings set aside, on the affidavit of his attorney, that he is a native of New Orleans, born from French parents, and that he speaks the French language as his native tongue ; the petition, the copy thereof, and the citation having been drawn and served in the English language only. The setting aside of the proceedings was claimed under the Code of Practice, arts. 172, 178, 179. The first Judge was of opinion that the right, is one…