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Howe, J. The defendant has appealed from a judgment made final ■after default, and makes the point that he was never legally cited. The return does not show a citation technically regular, but the record reveals the fact that after the sequestration and the service of citation, such as it was, the defendant came into court by a petition, alleged that this suit was “pending” against him, availed himself of the privilege of a defendant to bond the property and take it from possession of the court, and prayed for general relief. We do not think that -after such an appearance ho can be heard to say that he was not regularly cited. 21 An. 438 ; 22 An.. 368, Abbott v. Wilbur.
Judgment affirmed.
Document Info
Docket Number: No. 3782
Citation Numbers: 24 La. Ann. 272
Judges: Howe
Filed Date: 4/15/1872
Precedential Status: Precedential
Modified Date: 7/24/2022