Grainer v. Devlin
Supreme Court of Louisiana
Appeal from the court of the parish and city ofNew Orleans. The plaintiff sued out a writ of attachment against the property of the defendant on the groun(j that he had clandestinely left the state, never again to return.
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Appeal from the court of the parish and city ofNew Orleans. The plaintiff sued out a writ of attachment against the property of the defendant on the groun(j that he had clandestinely left the state, never again to return. Pending a rule to show cause why the attachment should not be set aside, the defendant returned to the state, and made a voluntary surrender of his property in the parish court, to which tribunal, the attachment was transfered from the district court, where it originated.— On the trial of the rule in the parish court, the defendant in the attachment, offered in evidence the…
1Opinion of the CourtPorter, J.
This case commenced by attachment in the court of the first district, and the defendant, subsequent to its institution, having 'become insolvent, filed a petition against his creditors in the parish court. The cause •was transferred to that tribunal, and cumu-lated with the other proceedings in concurso.
While the suit was pending in the tribunal ‘before which it was instituted, the defendant -took a rule on the plaintiff, to shew cause why *172the attachment should not be set aside. Before this rule was disposed of, the case was transferred to the, parish court, and the parties proceeded to try…
2Cited by2 opinions
- Clossman v. BarbanceySupreme Court of Louisiana · 1842
- Marsh v. MarshSupreme Court of Louisiana · 1844