McAlpine v. Jones
McAlpine v. Jones
Opinion of the Court
This suit was instituted in June, 1853, in the parish of Oua^ chita, claiming certain slaves alleged to have been stolen from the State of Missis
After the cause was returned to the District Oourt, Louisa Jones filed an exception to the jurisdiction of the court, alleging her residence to be in Union parish. This exception cannot now be entertained. She must be considered as having waived it by her former plea. A party will not be allowed thus to delay a trial upon the merits of the cause by pleading singly, a variety of technical objections tending’ to retard his adversary’s action; obtaining thus a separate judgment upon each, from the court of the first instance and from that of last resort.
The judgment of the District Oourt is, therefore,' reversed, the exception of the appellee, Louisa Jones, overruled, and the cause remanded for further proceedings according to law : the appellee, Louisa Jones, to pay the costs of this appeal.
Concurring Opinion
concurring. Upon the authority of Scolt v. Bowles, 3 An. C37, I concur in the decree in this case.
Although the appellee appears to me to have been in time to plead to the jurisdiction, there being no default against her, yet the pica should have been overruled, as this is.;one of the cases where a party may be sued out of the parish of his domicil.
Reference
- Full Case Name
- W. R. McAlpine, Receiver v. B. H. Jones
- Status
- Published