Dupuy v. Knickerbocker, Leather & Novelty Co.

Citations

• 11 Teiss. 272
• 1914 La. App. LEXIS 72

Syllabus

<p>Syllabus.</p> <p>1. There is no law requiring that in confirming a default the. citation and the return of the Sheriff thereon should be formally offered in evidence.</p> <p>2. Nor is it necessary that the citation and return should be physically in the record at the time of such confirmation. The judgment will be sustained if it is established that service of citation was in fact made and that same, together with the return of the Sheriff endorsiel thereon, was filed with the clerk.</p> <p>3. In an action for nullity of judgment for want of valid service of citation, the plaintiff cannot rest his case simply upon the failure of the Sheriff’s return to recite a particular fact essential to the validity of the service, but,must sustain his attack by negativing the existence of the fact itself.</p>