Phillips v. W. T. Adams Machine Co.

Citations

• 52 La. Ann. 442

Syllabus

<p>Syllabus.</p> <p>,1. where a non-resident litigant invokes the jurisdiction of one of the courts of this State, and obtains an order of seizure and sale, he will not lie heard to deny the authority of the same court to enjoin the seizure so ordered, on the ground that it was without jurisdiction rations personae. And when, in such a cause, a ewrator act lioe is appointed to represent the plaintiff in executory process, as defendant in injunction, and a default is properly entered as against such curator, the plea to jurisdiction, thereafter filed, comes too late.</p> <p>2. There is no conflict between the plea of “failure of consideration,” and the plea of “compensation,” in the alternative, as against the claim sued on, to the extent that it may be found that the consideration has not failed.</p> <p>3. Failure of consideration may extinguish an obligation and is a ground for-enjoining executory process under Article 739 of the Code of Practice.</p> <p>4. Where the failure of consideration is partial, the seizure should be enjoined only to the extent thereof, but not to cover an unliquidated claim for consequential damages.</p>