Scholefield v. Bradlee
Supreme Court of Louisiana
Appeal from the court of the first district. Several suits were brought by attachment against this defendant, his property was taken thereon, and judgments were rendered in the respective suits for the plaintiff's. The plaintiffs, in the present suit, obtained a rule against the plaintiffs in the other suits, to shew cause why the proceeds of the property attached, should not be applied to the discharge of thier judgment.
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Appeal from the court of the first district. Several suits were brought by attachment against this defendant, his property was taken thereon, and judgments were rendered in the respective suits for the plaintiff's. The plaintiffs, in the present suit, obtained a rule against the plaintiffs in the other suits, to shew cause why the proceeds of the property attached, should not be applied to the discharge of thier judgment. Thomas Holt & J. Goddard, two of them, shewed cause, and prevailed in the district court. The present plaintiffs appealed. The counsel agreed that the record of the suits…
1Opinion of the CourtDerbigny, J.
The plaintiffs having attached the property of the defendant and obtained judgment *508against him, were proceeding to have it levied on the proceeds of the goods attached, when Thomas Holt interfered and pretended to be paid in preference to them ; being an attaching creditor of the defendant’s property of an anterior date. Three questions arise on this contest: 1. Is the property attached the same? 2. Are both attachments equally regular and complete ? 3. Has the first attaching creditor a right to be paid first ?
I. The property in dispute consists in goods of the defendant, which had been in…
2Cited by1 opinion
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