Walls v. Smith
Supreme Court of Louisiana
APPEAL FROM THE COURT OF THE FIRST DISTRICT. This was an action against the surety on a bond given by one Wilson, who was arrested, upon an affidavit made upon the authority of the amendment to the Code of Practice, article 237, which gives to the creditor the right, upon an affidavit merely, to hold his debtor to bail, provided the petition and citation be served on him the subsequent day.
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APPEAL FROM THE COURT OF THE FIRST DISTRICT. This was an action against the surety on a bond given by one Wilson, who was arrested, upon an affidavit made upon the authority of the amendment to the Code of Practice, article 237, which gives to the creditor the right, upon an affidavit merely, to hold his debtor to bail, provided the petition and citation be served on him the subsequent day. In this case, before the petition and citation could be served on the following day, Wilson left the state. A judgment by default was then taken against him, which was afterwards made final, appealed from…
1Opinion of the Court
Porter, J.:
By an act of the legislature of this state, passed the twenty-fifth of.March, 1828, section 4, it was enacted, “that in all cases where attachments, arrests and sequestrations are demandable, the plaintiff, his agent or attorney, having made affidavit, and given bond in conformity with law, and having filed the same in court, it shall be the duty of the clerk to issue forthwith the process required, without any petition being then presented; but the usual petition shall be filed on; the day succeeding that on which the said process shall have issued.”
Under this statute, the…
2Cited by15 opinions
- Kock v. EmmerlingSupreme Court of the United States · 1860
- Hall v. Arkansas-Louisiana Gas Co.Supreme Court of Louisiana · 1979
- George W. Garig Transfer, Inc. v. HarrisSupreme Court of Louisiana · 1954
- Mary H. Shelp and Genevieve M. McKinney v. National Surety CorporationCourt of Appeals for the Fifth Circuit · 1964
- Gibbs Const. Co., Inc. v. ThomasSupreme Court of Louisiana · 1987
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