TaiLexi AI U.S. Case Law

Meritz v. Marks

B. O. Meritz v. H. Marks

Meritz v. Marks, 26 La. Ann. 740 (1874)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Supreme Court of Louisiana · State Highest Courts
Decided
November 15, 1874
Docket
No. 3395
Judges
Wyly
Citations
26 La. Ann. 740
Headnotes
H. Scott, one of the defendants, was a non-resident and was not cited. The rule wliicli he took to set aside the attachment on the supplemental petition was not an appearance subjecting him to tbe jurisdiction of the court on the merits. He was not represented by an attorney ad hoc appointed by the court, and the judgment maintaining the attachment of his property was erroneous. The reconventional demand of the defendant Marks was not passed upon in the judgment. It was an irregularity.
Summary
Appeal from the Sixth District Court, parish of Orleans. Oooley, J.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Wyly

Text extracted by OCR from a scanned original; check the original for exact wording.

Wyly, J.

The defendants were sued as commercial partners for $5913, and from'the judgment condemning them to pay plaintiffs that sunt they have appealed. The defendant, H. Scott, was anon-resident and was not cited. The rule which he took to set aside the attachment on the supplemental petition was not an appearance subjecting him to the jurisdiction of the court on the merits. 5 N. S. 427; 10 An. 334.

He was not represented by an attorney ad hoc appointed by the court, and the judgment maintaining the attachment of his property was erroneous. The reconventional demand of the defendant Marks was not passed upon in the judgment, which was an irregularity. 17 An 153. Justice requires the case to be remanded.

It is therefore ordered that the judgment herein be annulled, and that this case be remanded for new trial and to be proceeded with according to law, appellees paying costs of appeal.

Rehearing refused.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1925: 21932: 119252026peak 1925 · 2

Relies on it most ⓘ

  1. Stringfellow v. Nowlin Bros.102 So. 869 (La. 1925)
  2. Chapman v. Irwin103 So. 263 (La. 1925)
  3. Donohoe Oil & Gas Co. v. MacK-jourden Co.144 So. 169 (La. Ct. App. 1932)

Most recent

  1. Donohoe Oil & Gas Co. v. MacK-jourden Co.144 So. 169 (La. Ct. App. 1932)
  2. Chapman v. Irwin103 So. 263 (La. 1925)
  3. Stringfellow v. Nowlin Bros.102 So. 869 (La. 1925)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list