The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1849-05-26
Supreme Court of Louisiana.

~o~~S>AS~N
plaintiff has right try cause against an absentee
to represent whom ad hoe has been appointed
by the Court, without joined, or a Judgment by
default regularly taken and where plaintiff is non.
suited under such circumstances, and appeals his ap.
peal will be dismissed
JOHN SCHNAUFFER u.s. EVA SIEBEL, HIS WIFE.
Appeal from the First District Court Of Ne,D Or
a separation from bed and board from defendant
his wife, on account of voluntary abandonment
and adultery on her part. The parties married in
Germany, in 1919, and plaintiff alleges he has ac-
quired domicil in New Orleans. A curator was
appointed to represent defendant who it is not
charged was ever in this State, and whose place
of abode is in New York, where she was left by
her husband in 1887. Plaintiff was nonsuiied,
after evidence being heard below, and he has ap-
pealed. The case was submitted by the counsel
appointed to represent the defendant, without ar
gument. The case was tried below without any
answer being filed by the curator, and the Court
held that under these circumstances they did not
feel themselves at liberty to relieve the plaintiff
" He had no right to try cause against an alb
sentee without issue joined OF judgment by de-
fault regularly taken. He must abide by the re-
suit, however irregular the proceedings NAV have
BEEN The judgment of the District Court cannot
be affirmed, but the appeal can be dismissed, and
it is accordingly dismissed at the costs of the aD
pelant."
When citation and petition served defendant by
leaving the at his domci in the hands of his wife,
the sheriff the absence of the husband
from home and that the person with whom the citation
and petition left living there &C. p 189
otherwise the return will be insufficient.
S. w. OAKEY Us. JAMES DRUMMoND Appeal
from the Third District Court of New Orleans. .. .
RosT, j.. Appeal by defendant from judgment
against him, rendered on default and afterwards
confirmed. He assigns for error apparent, on the
record the want of legal service of citation and pc
titon upon him. The return of the sheriff states
that he served copy of the citation and petition
on defendant by leaving the same at his domicl
Apollo street, between Clio and Calliope, in the
hands of his wife, free person, above the age of
fourteen Per Curidm ''This return is INSULT
cient, under art. 1879 c. P. 1t should have stated
the absence of defendant from home, and that the
person with whom the citation was left was living
there. Hendricks heirs Us. kendrick, 10 l.. r.
49," Judgment reversed and case remanded,
plaintiff and appellee to pay costs of appeal.
When defendant appeal from refusal of the
Court TO set aside sequesration Ruling in Plicque
Beome. 2 An. 1913, affirmed.
EUGENE LEMoLNE Us. FELIX GARCIA. On
Rule -. Appeal from the Fourth Judicial District
Court Of St. John the Baptist. EUsTIs C. J....
In this case it was held that when defendant has
bonded property which has been sequestrated, no
appeal lies by him on judgment dismissing rule
taken by him to set aside the sequestration and
that where property is sequestraed, and defendant
moves to set aside the writ, which motion is disal
lowed, the appeal from the Judgment maintaining
the sequestraton will be dismissed, unless there is
evidence in the record showing the value of the
property sequestered to be with the appellate jurs
dicton the Supreme Court. Plicque Us. Belome,
2 An. 1893; McDonogh Us. Nugent, An. Appeal
by defendant dismissed, with COSTS If the whole
case is appealed, the sequestration can then be
inquired into, as one of the incidents. There was
no judgment on the merits in this case.
JAMES CONNOLLY d Co. u.s. ROBERT ADAMS. =.
Appeal from the Fourth District Court of Ne,o Or
leans. .EUsTIs, c. j.. Judgment affirmed, with
costs.
SUCCESSION OF ALEXANDER; LOGAN JULES La
vERGNE Us. ALEXANDER ADAM, KING, j..
Judgment affirmed with costs, -dismissing Adam
from the curatorship of the succession.
G. C. & E. J. BELTS Us. BENZ. F. AMoNETTE.
Appeal from the Tenth judicial District Court of
Madison Parish. -. KING, J. Petitory action to
recover fractional section of land, acquired by
plaintiffs from the State of Louisiana, and for rents
from the date of their purchase. The cause was
tried by jury, who gave plaintiffs the land
claimed and compensated the value of the improve
ments, with the rents. From judgment, in con-
formity to this verdict, defendant has appealed.
The Judgment below was affirmed with costa.