1 Mann. Unrep. Cas. 299
Decided July 1, 1880
Supreme Court of Louisiana · decided 1880-07-01
Landry. Hudspeth, J. The suit was against an absentee who was cited through a curator ad hoc. The citation required the defendant to answer in twelve days. Personal service was made on the 15th of November, and default was entered on the 26th and confirmed on the 30th. The sheriff’s return has his charge endorsed upon it for six miles. There was no proof of the actual distance of the curator’s domicil.
Decided 1880-07-01
¶1No default could legally have been entered until November 28, and no confirmation thereof until December 1. It would make no difference if the defendant’s domicil had been proved to be only six miles distance from the court house. It would lead to infinite confusion and wrong to allow a man to be condemned before the time designated in the process for his appearance.
¶2Judgment reversed and case remanded.