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· 7/1/1901

Decuir v. Decuir

Citations

  • 105 La. 481

Syllabus

<p>Syllabus.</p> <p>1. If a judgment be absolutely void for defects patent on the face of the proceedings, the party opposing its effects as to him is not driven to a direct action in the court which rendered it to secure the declaration of its nullity</p> <p>2. Thus, in a suit for partition of property, where defendants interpose a former judgment and sale under it as a shield of defense, plaintiffs may, In the court seized of jurisdiction of the cause, urge as against such judgment the existence of absolute nullities rendering the same void.</p>

Judges: Blanchard, Provosty, Takes

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