Legal Opinion

Nicholas Burke Co. v. Miss. Valley Realty Co.

Louisiana Court of Appeal

Decided April 16, 1917No. 6998Published

■ Appeal from the Civil District Gourt, Parish of Orleans, No. 117,383, Division “D”; ¡Honorable Porter Parker, Judge.

1Opinion of the Court

His Honor,

CHARLES F. CLAIBORNE,

rendered the opinion and decree of the Court, as follows:

Plaintiff calls this a damage suit; we believe it to be rather in the nature of a revocatory action. The defendant was the owner of certain premises occupied by one Messina who had fallen back in the payment of rent. The defendant obtained from him a confession of judgment for rent due in the sum of $624.00, a waiver of all notices, and a consent that the contents of his grocery store should be sold by the sheriff without appraisement, and after one advertisement. The sale took place and the proceeds were…

2Cases cited6 opinions

  1. Arnold v. GrimesSupreme Court of Iowa · 1855
  2. Ferre Canal Co. v. BurginSupreme Court of Louisiana · 1901
  3. Nicholas Staub's Appeal from ProbateSupreme Court of Connecticut · 1895
  4. Fennessy v. GonsoulinSupreme Court of Louisiana · 1837
  5. Walker v. Lion Fire InsuranceSupreme Court of Pennsylvania · 1896

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