Legal Opinion

Samory v. Hebrard

Supreme Court of Louisiana

Decided January 15, 1841PublishedCited by 5 opinions

Appear from the city court of New Orleans. This is a proceeding against garnishees, under the 13th section of the Act of 20th March, 1839, to amend, the Oode of Practice. The plaintiff having obtained a judgment against one Francois Lafargue, caused execution to issue thereon which was returned no property found.

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Appear from the city court of New Orleans. This is a proceeding against garnishees, under the 13th section of the Act of 20th March, 1839, to amend, the Oode of Practice. The plaintiff having obtained a judgment against one Francois Lafargue, caused execution to issue thereon which was returned no property found. He then presented Ms petition to the judge of the city court of New Orleans, in which he obtained his judgment, alleging, he had reason to he- [556] lieve that P. A. & A. Hébrard had property or effects in their possession or under them control belonging to the defendant Lafargue,…

1Opinion of the CourtMokphy, J.

*337A fieri facias issued in this ease, and having been returned “ no property found,” the plaintiff filed a petition, propounding interrogatories to P. A. Hébrard and A. Hébrard, in conformity with the 13th section of the Act of 1839, amending the Code of Practice. All these interrogatories, with the exception of the last one, tended to establish the simulation of certain sales of landed property, and a slave, to the Hébrards. The latter excepted to the same, on the ground that this proceeding on the part of plaintiff, was in its nature and effects a revocatory action, of which the city court…

2Cases cited1 opinion

  1. Trahan v. McMannusSupreme Court of Louisiana · 1831

3Cited by5 opinions

  1. Willis v. ScottSupreme Court of Louisiana · 1881
  2. Weathers v. PecotSupreme Court of Louisiana · 1900
  3. Laville v. HébrardSupreme Court of Louisiana · 1842
  4. State National Bank v. BoatnerSupreme Court of Louisiana · 1887
  5. Taylor v. WhittemoreSupreme Court of Louisiana · 1842

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