Hawley v. Tarbe
Supreme Court of Louisiana
Eastern Dist. APTEAL FROM THE PARISH COURT, FOR THE PARISH AND CITY OF NEW-ORLEANS. This is an action to recover from Tarbe and wife, the sum of three hundred and twenty-five dollars on a boarding account. B. R. Lyon, agent of the plaintiff, made affidavit, that the debt was due, and a writ of sequestration issued.
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Eastern Dist. APTEAL FROM THE PARISH COURT, FOR THE PARISH AND CITY OF NEW-ORLEANS. This is an action to recover from Tarbe and wife, the sum of three hundred and twenty-five dollars on a boarding account. B. R. Lyon, agent of the plaintiff, made affidavit, that the debt was due, and a writ of sequestration issued. The defendant’s counsel took a rule, for the plaintiff to show cause why the sequestration should not be set aside, as having wrongfully issued on the affidavit of the agent, when the plaintiff, who was present, residing in the place, should have made it. 2. That the plaintiff has…
1Opinion of the CourtEustis, J.
In this case a sequestration was obtained at the instance of the plaintiff, on the affidavit of a person styling himself her agent. It is admitted, that at the time the affidavit was made the plaintiff was present in the city, and not prevented by sickness or other physical cause, from making the affidavit herself. The article two hundred and seventy-six of the *93Code of Practice, pre-supposes that the affidavit in a case of sequestration is to be made by the plaintiff.
The article 276 of the Code of Practice, •presupposes that the affidavit in a case of sequestration is to be made by the…
2Cited by1 opinion
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