Legal Opinion · Dissent

Osborne v. Mossler Acceptance Co.

Supreme Court of Louisiana

Decided December 13, 1948No. 38748Published

1DissentMcCALEB, Justice

■1 concur in the ruling which reduces the interest recoverable on the reconventional demand to 8% but I am in utter disagreement with the other conclusions of the majority.

The principal question presented in this case' is whether a plaintiff, whose property has been seized under an admittedly illegal writ of executory process, may recover damages for the mental anguish, humiliation and inconvenience suffered by him as a consequence óf the unlawful act.

The Court of Appeal approved plaintiff’s recovery for attorney’s fees and'monetary losses resulting from the illegal seizure of the house…

2Cases cited8 opinions

  1. McCoy v. Arkansas Natural Gas Co.Supreme Court of Louisiana · 1932
  2. Fallin v. J. J. Stovall & Sons, Ltd.Supreme Court of Louisiana · 1916
  3. Jackson v. BouanchaudSupreme Court of Louisiana · 1933
  4. Oxford v. ColvinSupreme Court of Louisiana · 1914
  5. Haas v. BuckSupreme Court of Louisiana · 1935

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