Geisenberger v. Cotton

Citations

• 116 La. 651
• 40 So. 929
• 1906 La. LEXIS 545

Syllabus

<p>1. Judgment—Assignment—Effect— Priorities.</p> <p>An assignment of a judgment has no effect against third persons until notified to the debtor.</p> <p>Where there are two assignments of the same judgment, the first notified to the debtor will have priority.</p> <p>[Ed. Note.—Eor cases in point, see vol. 30, Cent. Dig. Judgment, §§ 1547, 1556.]</p> <p>2. Prescription — Interruption By Legal Proceedings.</p> <p>When the second assignee sues to revive the judgment, and the first assignee intervenes, claiming ownership and praying also for a revival, but does not cite the defendant, the suit will interrupt prescription as to both.</p> <p>3. Appeal—Objections Waived.</p> <p>Where the defendant did not plead in the district court that the suit had been abandoned for want of prosecution for five years, but, on the contrary, answered to the merits, the objection was waived.</p> <p>(Syllabus by the Court.)</p>