H. B. Claflin Co. v. B. Feibelman & Co.
Supreme Court of Louisiana
APPEAL from the Seventeenth District Oourt, Parish of East Baton Rouge. Buckner, J. A. Proceedings in attachment, and ex parte affidavit made to obtain such attachment, not admissible on behalf of an intervenor, in a suit between other parties except to prove rein ipsam. 2.An exceptor who goes to trial on the merits, on answer filed, without requiring the court to pass upon his exception, will be held to have waived such exception.
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APPEAL from the Seventeenth District Oourt, Parish of East Baton Rouge. Buckner, J. A. Proceedings in attachment, and ex parte affidavit made to obtain such attachment, not admissible on behalf of an intervenor, in a suit between other parties except to prove rein ipsam. 2.An exceptor who goes to trial on the merits, on answer filed, without requiring the court to pass upon his exception, will be held to have waived such exception. C. P. 338; Mix vs. Iiis Creditors, 40 An. 626; Boon vs. Carroll, 35 An. 284; Chaffe vs. Ludeling, 34 An. 966; Francis vs. Lavigne, 2o An. 312. Referring an…
1Opinion
On Application foe. Rehearing.
Watkins, J.
The importance of the questions involved and the earnestness with which the application has been presented have induced us to re-examine the case.
Counsel do not, however, seem to be in agreement as to «the character of the questioned contract of the defendants — one presenting the theory that, notwithstanding averment is made in the petition that their contract is one of indorsement, yet they are entitled to take judgment against them as principal debtors, on the proof in the record, admitted without objection; whilst that presented by other counsel is…
2Cases cited3 opinions
- Case of M'Nair's AppealSupreme Court of Pennsylvania · 1833
- Smith v. GortonSupreme Court of Louisiana · 1836
- Lawrence v. OakeySupreme Court of Louisiana · 1840