Vinot v. Bertrand

The judgment of the *475court (Preston, J., not sitting in the case, having been of counsel) was pronounced by

Rost, J.

The motion to dismiss in this case, on the ground that more than one year elapsed from the rendition of the judgment to the day of the service of the citation of appeal, must be overruled. The plaintiff used due diligence in trying to ascertain the residence of the appellee, but the various attempts she made to discover it were frustrated by the acts of the appellee herself. Under those circumstances the limitation of one year cannot be invoked by her.

On the merits, this case does…