Atkins Bros. v. Scarborough

Citations

• 52 La. Ann. 800

Syllabus

<p>Syllabus.</p> <p>1. Waiver of jurisdiction by filing answer. A debtor may file an answer in a suit in which he is defendant in another jurisdiction than that in which he has his domicile, provided the waiver forms no part of a contract entered into looking to a waiver of jurisdiction for its enforcement.</p> <p>2. No exception m case of a suit by a married woman. In the absence of fraud or any intended wrong, the husband may file an answer to his wife’s suit for a separation of property in another court than that of the parish in which he resides. The judgment, if voidable, is not void, and the debtor, of a date subsequent, can not, many years after the judgment, has been rendered, treat it as an absolute nullity. To this extent the judgment appealed from is annulled, the judgment of separation of property is not decreed void. The writ of injunction is sustained.</p> <p>3. Though voidable, not void. As relates to the other issues presented, for the reason that revocatory action is the remedy under our law for creditors seeking relief against alleged fraudulent disposition of the debtor’s property and not a direct seizure, the suit is dismissed as in case of non-suit.</p>