Wells v. Gordon
Supreme Court of Louisiana
ArrEAL FROM THE COURT OF THE SIXTH DISTRICT, FOR THE PARISH OF RAPIDES, JUDGE KING OF THE FIFTH PRESIDING. This is an injunction case. Gordon, as the tutor, &c., of the minor heirs of J. L. Lecroix, deceased, obtained a judgment against one William Justice, as principal, and T. J. Wells, the present plaintiff in injunction, for three hundred and seventy-five dollars, on I heir joint promissory, note. Execution issued against the principal, returned “ no property found.”
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ArrEAL FROM THE COURT OF THE SIXTH DISTRICT, FOR THE PARISH OF RAPIDES, JUDGE KING OF THE FIFTH PRESIDING. This is an injunction case. Gordon, as the tutor, &c., of the minor heirs of J. L. Lecroix, deceased, obtained a judgment against one William Justice, as principal, and T. J. Wells, the present plaintiff in injunction, for three hundred and seventy-five dollars, on I heir joint promissory, note. Execution issued against the principal, returned “ no property found.” A second execution issued in February, 1839, against Weils, and he obtained an injunction to stay it, on the ground that he…
1Opinion of the CourtMartin, J.
The defendant, Gordon, is appellent from a judgment perpetuating an injunction, slaying an execution which had issued on a judgment he had obtained against Wells, the present plaintiff.
Where A. authorized B., against whom he had a judgment, to deliver his draft for its amount, to the clerk of the court and the latter gave his draft, payable to theor~ ,der of the clerk, who appropriated it to his own use : field, that he should have made it payable to the order of A., for whom it was given, and not to have put it in the power ot the clerk to use it; and that he was still liable to pay the…
2Cited by2 opinions
- Vicksburg, Shreveport & Pacific Railroad v. TraylorSupreme Court of Louisiana · 1901
- Illinois Central R. R. v. HaynesMississippi Supreme Court · 1886