McStea v. Boyd
Also decided on this docket: La. Ct. App. 3d Cir., March 6, 1961 127 So. 2d 753; La. Ct. App. 1st Cir., January 23, 1961 126 So. 2d 185; La. Ct. App. 1st Cir., July 1, 1881 1 McGl. 205
McStea v. Boyd, 21 La. Ann. 501 (1869).
Opinion text
Howeix, J. One of the defendant^, Frederic]* A. Blanks, has appealed from a judgment against h.iiij. and Iris, codefendant on three promissory notes, due respectively on thirteenth December, I860, first *502 January and thirteenth. April, 1861, and against which they pleaded the prescription of five years. Citation was served on the appellant on the twenty-second September, 1866, more than five years after the maturity of each note and according to the settled jurisprudence and the law of this State, the plea is well taken. See act fifth March, 1852, p. 90, § 3; Smith v. Stewart, 21 A. 75 ; Rabel v. Pourcieau, 20 A. 131 . It is therefore ordered that the judgment herein against Frederick A. Blanks be reversed, that there be judgment in his favor on plaintiff’s demand, with costs in both courts.