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· 3/15/1853

New Orleans & Carrollton Railroad v. Bosworth

Citations

  • 8 La. Ann. 80

Syllabus

<p>The remedy of parties to a judgment alleging matters mpais, against onenot a party to the record, is by an action in the ordinary form, and not by rule; therefore, proceedings against the heirs by a judgment creditor of their deceased father, to make them liable for their father’s debts because they had taken possession of his succession, and made an informal distribution of it among them” selves, must be by an ordinary action, and not by rule.</p> <p>A judgment obtained against one who, though cited, dies before issue joined, is a nullity.</p>

Judges: Rost

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