Legal Opinion

Thomas v. McNeil

Supreme Court of Louisiana

Decided September 15, 1847Published

APPEAL from tho District Court of Natchitoches, Campbell, J. contended that the bail (was discharged by the passage of the actof 28 Mareh, 1840, abolishing imprisonment for debt, citing Cooper v. Hodge, 17 La. 478. Atchafulaya Bank v. IIozey, 17 La. 510. Nicolls ,v. Ingersoll, 7 Johnson’s Rep. 115. Frey v. Ilebenstreit, 1 Rob. 565.

1Opinion of the Court

The judgment of the court was pronounced by

Slidell, J.

In 1839, the plaintiffs obtained a writ of arrest against McNeil, who gave bail. Judgment was rendered against McNeil, in 1842: a writ of fieri facias was issued, and returned nulla bona. A rule was then taken against the surety on the bail bond, to show cause why judgment should not be rendered «gainst him for the amount of the plaintiffs’ claim. The defence urged by the defendant in the rule is, his discharge, by reason of the act of 1840, entitled “an act to abolish imprisonment for debt.” There was judgment in favor of the defendant in…

2Cases cited2 opinions

  1. Denton v. MurdockSupreme Court of Louisiana · 1843
  2. Waring v. CrawfordSupreme Court of Louisiana · 1844

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