Item Co. v. Pan-American Cigar Co.

The plaintiff sued the defendant in the First city court of New Orleans for the recovery of a balance due on an account rendered, and obtained a judgment, by default, for the sum prayed for in its petition. In attempting to execute the judgment, the constable, under a writ of fieri facias, seized and proceeded to advertise and sell property that did not belong to the defendant. The owner of the property intervened in the suit, a restraining order was issued, and, after a trial of the intervention, a judgment was rendered in favor of intervener and- against the plaintiff, enjoining the seizure…