Erman v. Lehman
Supreme Court of Louisiana
APPEAL from the Civil District Oourt for the Parish of Orleans. Ellis, J. Various attachments were taken against the defendant, Theodore Lehman, under which his stock of merchandise, liquor, etc., were seized by the civil sheriff. The attachments of Erman & Oahn and A. Erman were prosecuted to judgment and the privilege resulting from their attachment was recognized. The stock was sold, and out of the proceeds the first attaching creditor was paid the amount of his judgment.
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APPEAL from the Civil District Oourt for the Parish of Orleans. Ellis, J. Various attachments were taken against the defendant, Theodore Lehman, under which his stock of merchandise, liquor, etc., were seized by the civil sheriff. The attachments of Erman & Oahn and A. Erman were prosecuted to judgment and the privilege resulting from their attachment was recognized. The stock was sold, and out of the proceeds the first attaching creditor was paid the amount of his judgment. The present contest is over the remainder of the proceeds, plaintiffs, Erman et als., as attaching creditors, claiming…
1Opinion of the Court
The opinion of the court was delivered by
Nicholls, C. J.
We find in the record the following admission:
“ It is admitted, and in which admission all parties interested join, that the sheriff’s statement annexed to the rule herein, is correct as to his charges as to the sum total of sales, and as to the proceeds, as specified of the property pointed out by the various parties, as subject to their respective rights of sequestration under which they assert their privilege; the question of rank and privilege to be determined by the evidence now to be taken.”
The first proposition which we will…
2Cited by9 opinions
- In the Matter of Wallace Lincolnmercury Company, Inc., Bankrupt, Ford Motor Credit Company v. Herschel A. Gentry, TrusteeCourt of Appeals for the Fifth Circuit · 1972
- State v. ShieldsSupreme Court of Louisiana · 1903
- George D. Witt Shoe Co. v. J. A. Seegars & Co.Supreme Court of Louisiana · 1908
- In re Wright & WeissingerDistrict Court, N.D. Mississippi · 1921
- Clyde Iron Works v. FrerichsCourt of Appeals for the Fifth Circuit · 1913
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