H. L. Bain & Co. v. Oliphant

Citations

• 124 La. 583
• 50 So. 588
• 1909 La. LEXIS 500

Syllabus

<p>1. Appeal and Error (§ 124*) — Decisions Review able — Default Judgment — Right of Garnishee to Appeal.</p> <p>Though the.failure of a garnishee to answer in a justice’s court (or in city court of Shreveport) may be taken as an acknowledgment that he is indebted to the plaintiff in execution, and judgment may thereupon be rendered agaifist him, such presumed admission of indebtedness is not a confession of judgment, in such sense to deprive the garnishee of his right of appeal.</p> <p>2. Mandamus (§ 57*) — Grounds op Relief-Reinstatement of Appeal.</p> <p>Mandamus may issue to compel the reinstatement of an appeal improperly dismissed.</p> <p>(Syllabus by the Court.)</p>