SEARS, ROEBUCK & COMPANY v. CALLAWAY

No. 325.

139 So.2d 86 (1962)

SEARS, ROEBUCK & COMPANY v. Mrs. Marjorie Harris CALLAWAY.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied April 2, 1962.


Attorney(s) appearing for the Case

Favret, Favret & Favret, Clarence F. Favret, Jr., New Orleans, for plaintiff-appellee.

Chaffe, McCall, Phillips, Burke & Hopkins and George W. Pigman, Jr., B. Lloyd Magruder, New Orleans, for defendant-appellant.

Before YARRUT, HALL and JANVIER, JJ.


YARRUT, Judge.

These two devolutive appeals were taken by Defendant. One is from a judgment for $383.26 on open account, signed on December 12, 1960; and the other from a judgment signed on March 9, 1961, refusing annulment of the first judgment alleged to have been procured by fraud and faulty domiciliary service.

We will consider first the suit for annulment. If the judgment were obtained fraudulently or without valid citation, the sufficiency of evidence...

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