J. R. Wood & Sons v. French Novelty Co.

Citations

• 9 Teiss. 157

Syllabus

<p>ON MOTION TO DISMISS.</p> <p>The mandatary who exceeds his authority without having exhibited his powers, is personally responsible to those with whom he con. tracts.</p> <p>Í-. Where proceedings 'for a sequestration are abandoned, and no property has been seized thereunder, the question whether or not thp writ properly issued becomes merely academic.</p> <p>2. A non-résident, within 'the meaning of the attachment laws of this State, means one who has his domicile outside of the State.</p> <p>3- The right to attach the property of a non-resident is not a mere substitute for citation, but a substantial remedy, die exercise of which is not conditioned upon inability to reach the defendant by any ordinary process.</p> <p>4. The prescription of one year, as a bar to an action ex delicto, runs from the time the damage was sustained and not from the time when plaintiff gained knowledge 'thereof, C. C. 3537.</p> <p>3. An appeal is not frivolous merely because 'there is no real defense to the merits, if it otherwise presents issues entitled to 'the serious consideration of the Court.</p>