W. K. Henderson Iron Works & Supply Co. v. Howard

Citations

• 119 La. 555
• 44 So. 296
• 1907 La. LEXIS 525

Syllabus

<p>1. Lis Pendens — What Constitutes.</p> <p>Where a nonresident is proceeded against by substituted process, the judgment can operate only on the property seized in the suit. Hence, where such a suit is against two parties, and the property of only one of them is seized, the suit can be invoked as lis pendens only by the party whose property has been seized.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 1, Abatement and Revival, §§ 73-81.]</p> <p>2. Jud&ment — Res Judicata.</p> <p>The judgment in such a suit condemns only the property, and hence, when adverse to the defendant, cannot be pleaded by him in bar of another suit, wherein other property is being proceeded against.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 30, Judgment, §§ 1098, 1099.]</p> <p>(Syllabus by the Court.)</p>