Flower v. Hagan & Co.
Supreme Court of Louisiana
APPEAL FROM THE COURT OF THE FIRST DISTRICT. The defendants, residing in different districts, were made parties to this suit, the object of which was to obtain the cancelling of a note which the firm of W. & D. Flower had executed to Hagan & Co., and which Jones was attempting to off-sett against a judgment rendered against him at the suit of the Messrs. Flowers, in the parish of St. Tammany.
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APPEAL FROM THE COURT OF THE FIRST DISTRICT. The defendants, residing in different districts, were made parties to this suit, the object of which was to obtain the cancelling of a note which the firm of W. & D. Flower had executed to Hagan & Co., and which Jones was attempting to off-sett against a judgment rendered against him at the suit of the Messrs. Flowers, in the parish of St. Tammany. The petition stated that the note came into the possession of Jones, long after it was due, fraudulently and without consideration. That Hagan & Co. were the real owners, and indebted to the firm of W. &…
1Opinion of the CourtMartin, J.
Jones, the appellant, assigns as error apparent on the face of the record:
1. That he is judge of the parish of St. Tammany, and should, as such, be known to the judge of the first district, and he has his domicil in said parish. He, therefore, is sueable there only — Code of Practice, 162 — as he does not come within any of the exceptions in the Code.
2. The action is not maintainable, being brought for the surrender of a note, which is not sued on.
The appellant did not plead his commorency. If he had, it would have been of no avail, as his co-defendants were residents of the parish in which…
2Cited by3 opinions
- Dewees v. HudgeonsTexas Supreme Court · 1846
- Kræbutler v. President of the Bank of the United StatesSupreme Court of Louisiana · 1846
- Borzone v. BurkeLouisiana Court of Appeal · 1884