Phelps v. Overton

Supreme Court of Louisiana

Phelps v. Overton

6 Mart. (N.S.) 309

DecidedOctober 15, 1827

StatusPublished

This text of 6 Mart. (N.S.) 309 (Phelps v. Overton) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Phelps v. Overton, 6 Mart. (N.S.) 309 (La. 1827).

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Opinion

Martin, J.

delivered the opinion of the court The dismissal of this appeal is prayed . . , , , . because the citation was not served on the plain-tills and appellees in person. 11

The return shews a service on the attorney on record.

In the petition, the plaintiffs are stated to be residents of the city of New-Orleans, and a residence out of the state is neither proven nor alleged.

It is clear the service was not correctly made. Code Prac. 582.

It is therefore ordered, adjudged and decreed, that the appeal be dismissed, with costs.

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Martin, J.

delivered the opinion of the court The dismissal of this appeal is prayed . . , , , . because the citation was not served on the plain-tills and appellees in person. 11

The return shews a service on the attorney on record.

In the petition, the plaintiffs are stated to be residents of the city of New-Orleans, and a residence out of the state is neither proven nor alleged.

It is clear the service was not correctly made. Code Prac. 582.

It is therefore ordered, adjudged and decreed, that the appeal be dismissed, with costs.

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Bluebook (online)

6 Mart. (N.S.) 309, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phelps-v-overton-la-1827.