McIntosh v. McLeod
Also decided on this docket: La. Ct. App. 3d Cir., June 19, 1961 131 So. 2d 600; La. Ct. App. 1st Cir., April 3, 1961 128 So. 2d 712; La. Ct. App. 1st Cir., July 1, 1881 1 McGl. 75; La., August 15, 1867 70 La. Ann. 433
McIntosh v. McLeod, 21 La. Ann. 465 (1869).
Authorities cited
Identified automatically; this list may not be exhaustive.
- Sharp v. Martin 4 La. 317
Opinion text
Ludeling, C. J. D. McLeod, administrator of tlie succession' of Alexander McLeod, was sued for $2000, with eight per cent, per annum interest from fifth of February, 1861. , The defendant appeared by his counsel, who filed an answer and conducted the defense until final judgment in the District Court. The' plaintiff applied by petition for an'appeal, and he caused the citation to be served on John McLeod, who, he says, was the agent of D. McLeod, administrator. A motion to dismiss the appeal for want of citation has been filed. The motion must prevail. The sheriff must serve the citation on the appellee, if he reside in the State, or on his advocate, if he reside out of the State, by delivering a copy of the same to such appellee or to his advocate, or by leaving it at the place of their usual domicile. C. P. article 582; McMicken v. Smith, 5 N. S. 428; 4 La. 317 . It is therefore ordered that the appeal be dismissed.