Putnam v. President of the Grand Gulf Rail Road & Banking Co.
Putnam v. President of the Grand Gulf Rail Road & Banking Co.
Opinion of the Court
This is an appeal from a judgment dismissing proceedings instituted under our attachment lavi s. The suit was brought, and an order granting an attachment obtained, on the 4th of February, 1842; several persons were made garnishees, and regularly cited at different times. The sheriff annexed to the.return he. made on the 7th of February, a list of the effects attached, but failed to serve the attachment and citation on the defendants, who are non-residents, by affixing copies of the same on the door of the parish church, or that of the room where the court in which the suit was pending is held. On the third of May following, the plaintiff took a judgment by default; whereupon the court, on the same day, appointed an attorney at law to represent the absent defendants. The attorney moved for the dissolution of the attachment, on the ground that all the proceedings in the case were null and void, no legal citation having been served, as required by law. The judge, in our opinion, properly sustained the motion. We have repeatedly held that the formalities prescribed by article 254 of the Code of Practice, stand in place of a citation, and that they form the basis on which all the subsequent proceedings in the cause must rest; the omission of them must, therefore, be fatal. Code of Prac. 206. 10 Mart. 472. 7 Mart. N.S. 160. 8 Ib. N. S. 351. 8 La. 587. 3 Ib. 18. A service was attempted to be
Judgment affirmed.
Reference
- Full Case Name
- Albigence Waldo Putnam v. The President and Directors of the Grand Gulf Rail Road and Banking Company
- Cited By
- 7 cases
- Status
- Published