Bender v. McDowell
Supreme Court of Louisiana
Montgomery, J. PPEAL from the Seventh District Court, Parish of Madison. Whore, in an action under R. 0. 0. 3517 to revive a judgment, the defence is that the attorney who represented the defendant and waived service of the petition, upon which judgment by default was confirmed, was unauthorized, such allegations must be supported by the oath of the defendant, as a condition precedent to setting up such want of authority in the attorney.
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Montgomery, J. PPEAL from the Seventh District Court, Parish of Madison. Whore, in an action under R. 0. 0. 3517 to revive a judgment, the defence is that the attorney who represented the defendant and waived service of the petition, upon which judgment by default was confirmed, was unauthorized, such allegations must be supported by the oath of the defendant, as a condition precedent to setting up such want of authority in the attorney. “ No contrary doctrine has ever been held.” Doekham vs. Potter, 27 An. 71; citing and affirming, 9 M. 88; 10 M. 639; 8 N. S. 232-5; 114.23; 12R.95-7;…
1Opinion of the Court
The opinion of the court was delivered by
Watkins, J.
This is an action to revive the judgment rendered in the case of W. K. Bender vs. J. B. McDowell, on the 11th of June, 1883, of which the subrogee subsequently became owner; to which the defence tendered in the answer is, that no valid judgment had originally been rendered against him, as he had never been cited. The answer specially denies that he ever employed or authorized any attorney to represent him in said proceeding, either to make an appearance, to accept service, or in any manner whatever.
In the record appears a written acceptance…
2Cited by7 opinions
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- Plaquemines Parish School Board v. DavisLouisiana Court of Appeal · 1947
- C. S. Burt & Co. v. LaplaceSupreme Court of Louisiana · 1905
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