Cox v. Rees
Supreme Court of Louisiana
APPEAL FROM THE COURT OF THE FIFTH DISTRICT, FOR THE PARISH OF ST. MARTIN, THE JUDGE THEREOF PRESIDING. This case comes up from the decision of the judge a quo, on a rule taken by the plaintiff on the clerk of the District Court, requiring him to show cause why he should not issue an alias fieri facias against the defendants.
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APPEAL FROM THE COURT OF THE FIFTH DISTRICT, FOR THE PARISH OF ST. MARTIN, THE JUDGE THEREOF PRESIDING. This case comes up from the decision of the judge a quo, on a rule taken by the plaintiff on the clerk of the District Court, requiring him to show cause why he should not issue an alias fieri facias against the defendants. It is shown that a final judgment of the Supreme Court, was rendered in September, 1836, and entered as the judgment of the District Court, in October following, against David Rees, principal, and J. H. Thomas, as surety, for one thousand four hundred and ninety-eight…
1Opinion of the CourtMartin, J.
The plaintiff is appellant from a judgment discharging a rule, taken on the clerk of the District Court, to show cause why he should not issue an alias execution against the defendants in this case.
The plaint iff had obtained a final judgment, against the defendants, David Rees and J. H. Thomas, his surety, which ordered that a tract of land belonging to Rees, and was mortgaged, should be first seized and sold to satisfy the debt for which judgment was rendered. An execution issued, and the sheriff returned, “ that Rees was dead and his estate insolvent, and administered in the Probate Court…
2Cited by3 opinions
- Conrad v. LeBlancSupreme Court of Louisiana · 1877
- Citizens Bank of Louisiana v. Heirs of GaySupreme Court of Louisiana · 1895
- August v. SorsbyLouisiana Court of Appeal · 1884