Wilcox v. Huie
Supreme Court of Louisiana
Appeal from the court of the first judicial district. This is a suit against Huie & Hale as indorsers of a note. ■Judgment by default having been rendered against Huie on failing to ■answer, the next day his counsel filed dilatory exceptions, and ha'd the judg[427] ment by default set aside.
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Appeal from the court of the first judicial district. This is a suit against Huie & Hale as indorsers of a note. ■Judgment by default having been rendered against Huie on failing to ■answer, the next day his counsel filed dilatory exceptions, and ha'd the judg[427] ment by default set aside. Three days afterwards, the plaintiff, on proving his demand, had final judgment against Huie, without deciding on the exceptions; the court disregarding them and treating the order setting . aside the judgment by default as a nullity. From this judgment Huie appealed, who is alone before the court.
1Opinion of the CourtMariis, J.
The defendants being sued as indorsers of a promissory note, failed to . answer, and judgment by default was taken, which on motion of Huie’s counsel was set aside as to him, on filing dilatory exceptions. The judgment was however made final against him; the judge disregarding the exceptions, and ■being of opinion that the order setting aside the judgment by default was a nullity, inasmuch -as it was not granted for the purpose of putting in an an■swer to tins merits, according,to law, hut simply a dilatory exception, which *627is prohibited by the 28d section of the Act of 1839, amending the…
2Cited by2 opinions
- Miller v. HandySupreme Court of Louisiana · 1881
- Simoneaux v. HelluinSupreme Court of Louisiana · 1875