A. Lehmann & Co. v. Rivers

Citations

• 110 La. 1079
• 35 So. 296
• 1903 La. LEXIS 752

Syllabus

<p>ATTACHMENT — SEIZURE—PROCEDURE — SERVICE — BANKRUPTCY OP DEPENDANT — EVIDENCE-FOREIGN INSTRUMENT — CERTIFICATION — VOLUNTARY APPEARANCE.</p> <p>1. Defendants set out that the attachment was not legally levied, and that no property was seized nor privilege acquired, more than four months before the judgment adjudicating the debtor a bankrupt in New York, as required by section 67 of the bankrupt law (Act July 1, 1898, e. 541, 30 Stat. 564 [U. S. Oomp. St. 1901, p. 3449]).</p> <p>■ 2. A seizure may be made of a right of the debtor in a suit by serving notice on the clerk ■of court and on the plaintiff in the suit, as well as upon defendant.</p> <p>3.Service was made on the clerk and the plaintiff in the suit, but not upon the defendant debtor, the Oak Lawn Company. Harris v. Bank, 5 La. Ann. 538., But prior to the surrender in bankruptcy a judgment had been pronounced against the bankrupt, who, through counsel, had appeared personally and accepted jurisdiction.</p> <p>4. A judgment pronounced upon the appearance of an absentee in a Louisiana court, recognizing an attachment, will be enforced as a valid and jurisdictional decree. Bank v. Moore, •24 South. 304, 50 La. Ann. 1332.</p> <p>5. Instrument from another state, not authenticated according to the act of Congress, is not admissible in evidence. Heard v. Patton, 27 La. Ann. 542; Perry v. Commissioners, 11 Rob. 417; State v. Barrow, 31 La. Ann. 692.</p> <p>.On Rehearing.</p> <p>6. Documents offered in evidence in the courts of this state as copies of orders and proceedings of a federal court in another state are inadmissible in evidence unless certified in accordance with the law of the United States upon that subject.</p> <p>7. A person voluntarily appearing as a defendant in a proceeding to which he has not been made a party has no standing in court, as trustee in bankruptcy of the main defendant, to question the validity of an attachment issued against such defendant and of a final judgment maintaining the sam