Legal Opinion

George v. Fitzgerald

Supreme Court of Louisiana

Decided October 15, 1838PublishedCited by 2 opinions

Western Dist APPEAL FROM TIIE COURT OF THE SIXTH JUDICIAL DISTRICT, FOR THE PARISH OF RAPIDES, TIIE JUDGE OF THE DISTRICT PRESIDING. This is a redhibitory action.

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Western Dist APPEAL FROM TIIE COURT OF THE SIXTH JUDICIAL DISTRICT, FOR THE PARISH OF RAPIDES, TIIE JUDGE OF THE DISTRICT PRESIDING. This is a redhibitory action. The plaintiff alleges, that in April 1835, at New Orleans, he purchased from one William H. Fitzgerald, of Pittsylvania county, Virginia, a number of slaves, amongst them Daniel, for eight hundred and fifty dollars, Winney for six hundred and fifty dollars, and Billy for eight hundred and seventy-five dollars, making in all two thousand three'hundred and seventy-five dollars, which said slaves were warranted and guaranteed against…

1Opinion of the Court

Martin, J., delivered the opinion of the court..

This is a redhibitory action against the defendant, who resides in the state of Virginia, upon a sale made by him of several slaves, to the plaintiff, in this state. A curator ad hoc was appointed to the defendant, under the fifty-seventh article of the Louisiana Code, which provides for such an appointment, when the defendant resides out of the state, and has no agent or attorney therein; and also in pursuance of the 116th article of the Code of Practice, which contains a similar provision.

The curator ad hoc filed a plea to the jurisdiction of…

2Cited by2 opinions

  1. Grover & Baker Sewing MacHine Co. v. RadcliffeSupreme Court of the United States · 1890
  2. Succession of WatersSupreme Court of Louisiana · 1857

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