78 So. 109 | La. | 1918
“The want of citation is cured by the appearance of defendant in the suit for any other purpose than to allege the want of citation.”
And in Heard v. Patton, 27 La. Ann. 542, this court said:
“It has often been held that a defendant appearing to except to the citation cannot at the same time urge any matter of defense.”
It is therefore ordered, adjudged, and'decreed that the judgment appealed from be affirmed, and that defendant be condemned to pay plaintiff 10 per cent, additional on the amount thereof, with legal interest from this date, and the costs of this appeal.