Martinez v. Succession of Vives

The opinion of the court was delivered by

Egan, J.

This suit is to revive a judgment rendered by the district court of Iberville on the eleventh of May, 186&. It was filed on the *819ninth of May, 1876, and citation and copy of petition served personally upon the administrator of the deceased judgment debtor on the next day, the tenth of May, 1876, within less than ten years from the date of the original judgment.

On motion of the defendant’s counsel a default taken upon this service was set aside on the ground that the citation did not, as required by the Code of Practice, specify the number of…