Gillis v. Carter

Decided July 15, 1877

Supreme Court of Louisiana · decided 1877-07-15

An jntorvonor may make whatever amendments of his pleadings that the plaintiff may make,'provided the amendments do not retard the main suit. Wlioever claims the ownership of property which has been sold at sheriff’s sale, . under a judgment not absolutely null, must first proceed by a direct action to annul the judgment. Neither such a judgment, nor the sheriff’s sale made under it can be assailed collaterally. A judgment rendered on a prescribed note is not an absolute nullity.

Good law ✅— No negative treatment on recordhow we know

Decided 1877-07-15

How this case has been cited

Cited by 3 later decisions — most recently January 1959

3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1 *702On Application eor Rehearing.

¶2The counsel for the defendants and for the intervenors have applied for a rehearing, and in behalf of the former claim that their plea of prescription of 'one year to the demand of the plaintiff for remuneration for the use and occupancy of the land during 1872, "was not considered by the court. A rehearing is therefore granted for the purpose of passing upon that plea.

¶3On Rehearing.

¶4The citation was served June 18th. 1873. The demand for remuneration for the use of the land during 1872 became exigible January 1.1873. The prescription of one year does not therefore apply. The plea is overruled, and It is ordered, and decreed that our former judgment remain undisturbed.