Commercial Nat. Bank v. Jackson Bros.

Citations

• 111 La. 795
• 35 So. 910
• 1904 La. LEXIS 562

Syllabus

<p>GARNISHMENT—ERROR IN NAME—ANSWER-JUDGMENT—AMENDMENT—PRESUMPTION.</p> <p>X. The plaintiff brought suit against the defendants, asking a moneyed judgment. In its petition it alleged that the Teutonia Pire Insurance Company of New Orleans, A. P. Noll, president, was indebted to defendants under its fire policy No. 1,110. It prayed that garnishee process issue against that company, and that it be ordered to answer the usual interrogatories propounded in such proceedings. The Teutonia Insurance Company appeared and answered through its president, A. P. Noll, but before doing so excepted that it had not been properly cited, as its name was not the Teutonia Pire insurance Company. The answers made admitted a liability to the defendants of $1,700 under adjustment of its fire policy No. 1,110, to be paid only when all pending attachments shall have been dismissed or withdrawn. The district court rendered judgment in favor of the plaintiff against the Teutonia Insurance Company for $1,700, “in accordance with its answers.” On appeal the court of appeal affirmed the judgment. Releí: The insertion of the word “Fire” in the name of the garnishee was a matter of no consequence (James v. Arkansas South R. R. Co., 34 South. 337, 110 La. 145), the citation having been served upon A. P. Noll, the president of the Teutonia Insurance Company, the actual debtor of the defendants under its fire policy No. 1,110, their answers having been made by the president of that company admitting liability. That company having appeared in the garnishment proceeding, and on announcement of its actual name judgment having been rendered against it in that name, matters must be treated as if an amendment in the name had been made in the pleadings. (See Ency. of Pleading & Practice.) Judgment having been rendered in accordance with the answers, there was no necessity for a traverse of the same. If there be any existing attachments endangering payment by it to the plaintiffs, it can protect itself.</p>