St. Louis Jewelry Co. v. Imbraguglio
Supreme Court of Louisiana
Action by the St. Louis Jewelry Company against Joseph Imbraguglio. There was a default judgment for plaintiff, and defendant appealed to the Court of Appeal, which remanded the cause for correction of the sheriff’s return on the citation, but did not set-aside the judgment; and defendant applies for certiorari or writ of review to the Court of Appeal.
1Opinion of the CourtProvosty, J.
Defendant appealed from a judgment by default, relying upon the defectiveness of the sheriff’s return on the citation. The return is on the back of the citation, under the printed heading, “Personal Service.” It reads:
“On the 1st day of July, A. D. 1908, I made service of the copies of petition and citation above mentioned, by delivering them to - in person.
“[Signed] W. K. Pearce, Dy. Sheriff.”
This return fails to show service on defendant, since nothing can be presumed with respect to. citation. The Court of Appeal so found, and remanded the case to afford an opportunity for correcting the…
2Cases cited1 opinion
- John I. Adams & Co. v. BasileSupreme Court of Louisiana · 1883
3Cited by3 opinions
- Ham v. Louisiana & N. W. R.Supreme Court of Louisiana · 1917
- Longing v. Home Ins. Co.Louisiana Court of Appeal · 1932
- Shevnin v. ChesterLouisiana Court of Appeal · 1929