New Orleans Gas Light Co. v. Webb
Supreme Court of Louisiana
APPEAL from the District Court of St. Helena, Penn, J. What is prohibited? The sale of a litigious right to certain functionaries. What is the penalty of a contravention? The avoidance of that which is done in contravention of that prohibition. What has been done in this case ? The purchase of a litigious right. Therefore, it is the purchase of the litigious right which is void.
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APPEAL from the District Court of St. Helena, Penn, J. What is prohibited? The sale of a litigious right to certain functionaries. What is the penalty of a contravention? The avoidance of that which is done in contravention of that prohibition. What has been done in this case ? The purchase of a litigious right. Therefore, it is the purchase of the litigious right which is void. If there could be any doubt as to the accuracy of this reasoning, or the correctness of this construction, it would be removed by ascertaining how similar expressions and provisions of the code must be construed. The…
1Opinion of the Court
By the court:
Slidell, J.
The plaintiff recovered a judgment against the succession of Stephenson, which was confirmed, (with the exception of the decree as to privilege,) upon an appeal by the administrator from the entire judgment. The case is reported in 2d Ann. 526.
While that appeal was pending, the company sold its claim to Waterston. After judgment was confirmed by this court, Waterston instituted proceedings upon the claim thus purchased, against Webb, praying for his dismissal from *167office, and for a personal judgment against him, for the amount of the judgment obtained by the company,…
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- Illg Valentino v. ReganSupreme Court of Louisiana · 1928
- Swords v. CortinasLouisiana Court of Appeal · 1926
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