14 La. 129 | La. | 1839
delivered the opinion of the court.
These cases were consolidated by an order of the court below, and tried together before the same jury. In the first, the plaintiff seeks to recover back from his vendor, Huie, the price of certain slaves, on the ground of redhibitory
It appears to us that Huie’s exception was improperly overruled, not on account .of the grounds assumed by him, (for he did not show that lie had a domicil in the state,) but because, in our opinion, the court below, in a case like the present, had no power to issue process of citation to be served in New-Orleans. Code of Practice, 129. The counsel for the plaintiff has called our attention to the 6th paragraph of article 165 of the Code of Practice, as supporting the course pursued. It provides that “when the defendants are foreigners, or have no fixed or known place of residence in the state, they may be cited wherever they are found.” We understand this provision as giving the creditor the right . . i . , • & itt . . ,. T of bringing his debtor into the courts holding jurisdiction over the place where he may be found, but not as authorizing the process of the courts of one district to be executed in other districts over which they have no jurisdiction.
We must next inquire whether Huie was brought into court under the writ of attachment. This depends on the fact of his ownership of the note attached at the time of
On the merits, the question of the existence of redhibitory defects at the time of the sale was left to the jury, and nothing in the record satisfies us that it is our duty to disturb the verdict. The evidence in the second cause appears to be sufficient to justify the verdict and judgment against the defendants.
It is, therefore, ordered, adjudged and decreed, that the judgment of the District Court be affirmed, with costs.