Andrews v. Sheehy

Citations

• 122 La. 464
• 47 So. 771
• 1908 La. LEXIS 486

Syllabus

<p>1. Judgment (§ 17*) — Citation—-Peocess ok Notice to Sustain Judgment — Substitute Service on Curatos Ad Hoc.</p> <p>A moneyed judgment rendered against an absentee who is called in warranty through a curator ad hoe to represent him, and the proceedings are carried to judgment contradictorily with such curator, is an absolute nullity.</p> <p>[Ed. Note. — For other cases, see Judgment, Cent. Dig. § 26; Dec. Dig. § 17.*]</p> <p>2. Judgment (§ 486*) — Con.clusiveness.</p> <p>Where the existence of a legal judgment at the time of the bringing of a certain character of suit is an essential basis for the bringing of such suit, the defendant is entitled to urge by way of exception the absolute nullity of the judgment claimed to exist.</p> <p>[Ed. Note. — For other cases, see Judgment, Cent.. Dig. §§ 920-923; Dec. Dig. § 480.*]</p> <p>3. Judgment (§ 486*) — Conclusiveness—Persons Entitled to Attack.</p> <p>It is a well-settled rule of jurisprudence that the absolute nullity of a judgment may be invoked before the tribunal which rendered it when attempt is made to enforce it by any person whose interests may be affected by the judgment.</p> <p>[Ed. Note. — For other cases, see Judgment, Cent. Dig. §§ 920-923; Dec. Dig. § 486.*]</p> <p>4. Set-Oee and Counterclaim (§ 41*) — Re-convention — Subject-Matter.</p> <p>An absentee against whom a moneyed judgment had been rendered on a call in warranty wherein the proceedings against him were carried on contradictorily with a curator ad hoc to represent him brought suit in the tribunal which rendered such judgment to have the judgment decreed an absolute nullity and the inscription of the same on the records erased; defendant, resisting on the ground that the existing judgment was valid and legal, prayed that it be so decreed. He, however, assumed the character of a plaintiff in reconvention, praying in the alternative and contingently that the court then render a judgment against the warrantor. He availed himself of the opportunit