Legal Points Decided by the Second Circuit Court of Louisiana (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1885 Excerpt: ...will only be prescribed by ten years, like the action to enforce the conditions of a vente a remtre. Standard Wagon Co. vs. Wm. J. Kilburn Et Al. Clinton, J. Where documents offered in evidence in the lower court are not in the record. the case will be passed upon as if no such evidence had been offered. 2. A letter of credit or recommendation stating that a person is "doing a good businesses reliable and responsible for his contracts," is not a guarantee or a security; but would subject the party signing it to damages in case its representations were proved to be false. 3. A power of attorney from the wife, who is separate in property, and a public merchant, authorizing her husband to attend to her mercantile and planting business, will not authorize him to give letters of credit, or go security for the debts of others as her agent. Young J. Settoon Vs. W. W. Bradley, Sheriff, Et At, . In an action to annul a judgment, the acceptance of service by an attorney not employed or authorized to defend the suit, and whose acts are never ratified, is void, and the judgment is as null as if there was a total want of citation. Simon Witkowski vs. W. W. Bradley, Sheriff, Et Al. Clinton, J. The custody of property by the constable is the custody of the law no less than that of the sheriff; and the latter has no power or right. in executing conservatory or final process. to disregard or override the seizures of the constable. 14 An. 503, 801. 2. Where a newspaper is published in the Parish, the advertisement of a constable's sale by posting is illegal. C. P. 1140. 8. A constable cannot in any case appoint a keeper for the property seized by him without the written consent of the debtor. 0. P. 1142. Where, therefore, the constable, immediately after the seizure...