Tupery v. Edmondson
Supreme Court of Louisiana
A PPEAL from the Sixth District Court, parish of Orleans. Bightor, J. first — Intervenors cannot deny the jurisdiction of the court into which they have voluntarily come. 19 L. 165 ; 8 Rob. 123 ; 30 A. 754. Second — Neither can they urge the insufficiency of the affidavit on which the writ of provisional seizure issued. 21 A. 118; 27 A. 240. Third — The plea to the jurisdiction ratione persones should have been made in limine and before the defendant answered to the merits.
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A PPEAL from the Sixth District Court, parish of Orleans. Bightor, J. first — Intervenors cannot deny the jurisdiction of the court into which they have voluntarily come. 19 L. 165 ; 8 Rob. 123 ; 30 A. 754. Second — Neither can they urge the insufficiency of the affidavit on which the writ of provisional seizure issued. 21 A. 118; 27 A. 240. Third — The plea to the jurisdiction ratione persones should have been made in limine and before the defendant answered to the merits. C. P. 336 ; 4 Rob. 258 ; 7 A. 239 ; 15 A. 184 ; 26 A. 587. Fourth — It is now the settled jurisprudence that a defendant…
1Opinion of the Court
The opinion of the Court was delivered by
Levy, J.
Plaintiff sues to recover from the defendant, Edmondson, 434 sacks of rice or its equivalent, $1520 in money, and $360, with interest, the rental of a certain plantation in the parish of St. John the Baptist, leased by him to defendant for the years 1875 and 1876. He averred in his petition that he had by law a lessor’s privilege and pledge on the crop of rice raised during the term of said lease on the leased premises, amounting to 1303 sacks of rough rice, to secure the payment of said rent, and he obtained from the Sixth District Court of…
2Cited by8 opinions
- Ducote v. DucoteSupreme Court of Louisiana · 1935
- State ex rel. Davis v. Police Jury of Webster ParishSupreme Court of Louisiana · 1907
- Zeller v. Louisiana Cypress Lumber Co.Louisiana Court of Appeal · 1928
- Robin v. J. Thomas Driscoll, Inc.Louisiana Court of Appeal · 1940
- Atkins v. BenderDistrict Court, W.D. Louisiana · 1927
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