City Nat. Bank of Selma v. Walker
| Decision Date | 06 May 1912 |
| Docket Number | 18,936 |
| Citation | 58 So. 580,130 La. 810 |
| Court | Louisiana Supreme Court |
| Parties | CITY NAT. BANK OF SELMA v. WALKER |
Appeal from Civil District Court, Parish of Orleans; Fred D. King Judge.
Action by the City National Bank of Selma against Charles H. Walker. From a judgment for plaintiff, defendant appeals. Affirmed.
John T Whitaker, for appellant.
T. M. & J. D. Miller, for appellee.
Plaintiff and defendant are nonresidents. The former sues the latter on two certain promissory notes secured by mortgage on property located in the city of New Orleans. It proceeds via ordinaria, and asks for judgment against defendant, with recognition of the common-law mortgages attached to its petition. There was judgment in favor of plaintiff on one of the notes, and in favor of defendant on the other note. Defendant has appealed, and plaintiff has answered the appeal, asking that the judgment be amended, and that it have judgment in its favor for the full amount claimed. Article 890 of the Code of Practice provides that:
If the appellee
The case was fixed for argument for the first time on February 28, 1912, and the answer to the appeal was filed March 2, 1912. It comes too late; and it must be dismissed.
Defendant is sued through a curator ad hoc. He subsequently voluntarily appeared in court and filed an exception to the jurisdiction of the court. After...
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...to service. [State ex rel. v. Grimm, 239 Mo. 135, 143 S.W. 483, et seq., and cases cited; Iddle v. Hamler Co., 132 La. 476; City Natl. Bank v. Walker, 130 La. 810; Crowell v. Galloway, 3 Neb. 215; Fitzgerald Fitzgerald, 137 U.S. 98, 34 L.Ed. 608, 11 S.Ct. 36; Crawford v. Foster, 84 F. 939; ......
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...of the Court.' First Nat. Bank of Arcadia v. Johnson, 130 La. 288, at page 290, 57 So. 930, at page 931. See, also, City Nat. Bank of Selma v. Walker, 130 La. 810, 58 So. 580. In the Block case, supra [154 La. 869, 98 So. 401], Block was cited through a curator-ad-hoc who made no appearance......
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...was still pending and without requiring its prior disposition, the defendant waived his declinatory exception. City Nat. Bank of Selma v. Walker, 130 La. 810, 58 So. 580 (1912); Dauterive v. Sternfels, 164 So. 349 (La.App.1st Cir. 1935); and cases cited in both. However, here the waiver Had......
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