Stevenson v. Whitney
Supreme Court of Louisiana
A PPEAL from the Ninth Judicial District Court, parish of Tensas. xa. Hough, J. Eirst — Errors of law need not be pleaded, they may be presented by an assignment of errors suggested in the brief of counsel, or they may be noticed ex officio by the Court. 5 IN.
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A PPEAL from the Ninth Judicial District Court, parish of Tensas. xa. Hough, J. Eirst — Errors of law need not be pleaded, they may be presented by an assignment of errors suggested in the brief of counsel, or they may be noticed ex officio by the Court. 5 IN. S. 341: 2 A. 335 : 4 A. 129, 254. Second — A judgment should be given by reason of the law as well as by reason of the evidence ; it should never be rendered contrary to or against the law, and what the law is need not be pleaded. Third — A claim for taxes is not a debt — it is not suable, unless made so by statute; it is a contribution…
1Opinion of the Court
The opinion of ihe Court was delivered by
Fenner, J.
This is an action for nullity of a judgment, coupled with a demand for an injunction to restrain its execution.
We quote from the petition the sole ground of nullity alleged, viz: “ That under and by virtue of the provisions of the constitution of 1868 and of the articles 162 and 163 of the Code of Practice, the said judgment, as rendered, is an absolute nullity for the reason that said judgment was not rendered by a judge having jurisdiction over the place where your petitioner has his domicil and place of residence.”
Plaintiff lived in the…
2Cases cited1 opinion
- Gove v. KendigSupreme Court of Louisiana · 1843
3Cited by4 opinions
- Vinton Oil & Sulphur Co. v. GraySupreme Court of Louisiana · 1914
- Frederick v. Popich Marine Construction, Inc.Louisiana Court of Appeal · 1961
- Hamburger v. PurcellSupreme Court of Louisiana · 1916
- Franek v. TurnerSupreme Court of Louisiana · 1927