Barremore's Syndic v. Bradford's Heirs
Supreme Court of Louisiana
EASTERN DlST. APTEAL FROM THE COURT OJ? THE THIRD JUDICIAL DISTRICT, THE JUDGE OF THE EIGHTH PRESIDING. The plaintiffs, W. W. Williams, B. Hawes and N. Bolles, sue as the assignees and syndics of W. H. Barremore, in virtue of a notarial act of agreement of the latter, assigning various property for the benefit of such of his creditors as signed the said agreement, to recover a tract of land in the parish of West Feliciana, in the possession and claimed by the defendants. -…
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EASTERN DlST. APTEAL FROM THE COURT OJ? THE THIRD JUDICIAL DISTRICT, THE JUDGE OF THE EIGHTH PRESIDING. The plaintiffs, W. W. Williams, B. Hawes and N. Bolles, sue as the assignees and syndics of W. H. Barremore, in virtue of a notarial act of agreement of the latter, assigning various property for the benefit of such of his creditors as signed the said agreement, to recover a tract of land in the parish of West Feliciana, in the possession and claimed by the defendants. - The defendants excepted to the right of the plaintiffs to maintain, this action, because W- H. Barremore is not a ceding…
1Opinion of the CourtBullard, J.
In this case the appellees move to dismiss the appeal, on the ground that service of citation was not made within a year after the judgment was rendered. It appears that the appeal was allowed, and the bond filed within the year, but the citation was served after it had elapsed, but in time for the term of the court to which the appeal was made returnable, and that a proper return day was fixed by the judge. We think this is sufficient, and that the Code does not forbid the service of citation after the year, if the appeal has been taken in time. The motion is overruled.
The plaintiffs…
2Cited by7 opinions
- Lovell v. PayneSupreme Court of Louisiana · 1878
- Pulford v. DimmickSupreme Court of Louisiana · 1901
- Succession of DupreSupreme Court of Louisiana · 1951
- Haggerty v. AnnisonSupreme Court of Louisiana · 1913
- Lamotte v. LamotteSupreme Court of Louisiana · 1896
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