Kræbutler v. President of the Bank of the United States
Supreme Court of Louisiana
Appeal from the Commercial Court of New Orleans., Watts, J. This suit was commenced by attachment against an absent defendant. The record of appeal comes up with a certificate, declaring that it contains all the proceedings and evidence on which the cause was tried. Tiie judgment was a nullity for want of citation. The mode of citing an absent defendant in an attachment case, is by posting at thé door of the church or court room, a citation addressed to him.
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Appeal from the Commercial Court of New Orleans., Watts, J. This suit was commenced by attachment against an absent defendant. The record of appeal comes up with a certificate, declaring that it contains all the proceedings and evidence on which the cause was tried. Tiie judgment was a nullity for want of citation. The mode of citing an absent defendant in an attachment case, is by posting at thé door of the church or court room, a citation addressed to him. In the language of this court in Putnam's case, (3 Robinson, 233,) “ it has been repeatedly .held, that the formalities prescribed by…
1Opinion
Same Case. — On a Re-heauino;.
Tiie judgment was a nullity for want of citation. The mode of citing an absent defendant in an attachment case, is by posting at thé door of the church or court room, a citation addressed to him. In the language of this court in Putnam's case, (3 Robinson, 233,) “ it has been repeatedly .held, that the formalities prescribed by article 254, of the Code of Practice, stand in place of citation, and that they form the basis on Which all the subsequent proceedings in the cause must rest: the omission of them must therefore be fatal. Code of Pract. art. 206. 10 Mart.…
2Cases cited10 opinions
- Hill v. BarlowSupreme Court of Louisiana · 1843
- Noulen v. PerkinsSupreme Court of Louisiana · 1842
- Hyde v. CraddickSupreme Court of Louisiana · 1845
- Millaudon v. FoucherSupreme Court of Louisiana · 1835
- Leeds v. BozemanSupreme Court of Louisiana · 1841
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