Bush v. Dewing
Also decided on this docket: La. Ct. App. 4th Cir., January 12, 1970 230 So. 2d 281; La. Ct. App. 1st Cir., January 29, 1954 70 So. 2d 161; La. Ct. App. 1st Cir., July 5, 1930 129 So. 404; La. Ct. App. 1st Cir., January 9, 1906 3 Teiss. 129
Bush v. Dewing, 24 La. Ann. 272 (1872).
Cited by
- Northwestern Bottle Co. v. Rosen 8 La. App. 284 La. Ct. App. 1st Cir. 1927
- Farley v. Frost-Johnson Lumber Co. 63 So. 122 La. 1913
Opinion text
Howe, J. The defendant has appealed from a judgment made final ■after default, and makes the point that he was never legally cited. The return does not show a citation technically regular, but the record reveals the fact that after the sequestration and the service of citation, such as it was, the defendant came into court by a petition, alleged that this suit was “pending” against him, availed himself of the privilege of a defendant to bond the property and take it from possession of the court, and prayed for general relief. We do not think that -after such an appearance ho can be heard to say that he was not regularly cited. 21 An. 438 ; 22 An.. 368, Abbott v. Wilbur. Judgment affirmed.