Legal Opinion

Campbell v. His Creditors

Supreme Court of Louisiana

Decided October 15, 1840PublishedCited by 3 opinions

APPEAL PROM THE COURT OP THE SEVENTH DISTRICT, POR THE PARISH OP OUACHITA, THE JUDGE THEREOF PRESIDING. This case comes up before the court on an opposition of one John W. Bailey, charging the defendant with fraud, in relation to his creditors, and denying him the benefit of the insolvent laws.

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APPEAL PROM THE COURT OP THE SEVENTH DISTRICT, POR THE PARISH OP OUACHITA, THE JUDGE THEREOF PRESIDING. This case comes up before the court on an opposition of one John W. Bailey, charging the defendant with fraud, in relation to his creditors, and denying him the benefit of the insolvent laws. The opponent shows that he had obtained a judgment against Campbell, the defendant in this opposition, and was proceeding to sell property, when, on the 14th August, 1838, he was stopped by the surrender of the insolvent’s .property to his creditors. A syndic was appointed, who returned the proceedings…

1Opinion of the CourtBullard, J.

John Campbell, the appellant, having made a surrender of his property to his creditors, who thereupon met and appointed a syndic. Bailey, a judgment creditor, presented his petition to the District Court, in which he alleges, as grounds of opposition, first, that the insolvent, although a merchant, did not produce to the judge who accepted the surrender, his commercial books; that he did not specify any of his rights and credits ; that he made no assignment to his creditors, and no assignment could be made without specifying each right and credit; that he had not set forth the cause of his…

2Cited by3 opinions

  1. Poitevent & Favre Lumber Co. v. Standard Planing Mills & Manufacturing Co.Supreme Court of Louisiana · 1896
  2. Burdeau v. CreditorsSupreme Court of Louisiana · 1892
  3. Marx v. His CreditorsSupreme Court of Louisiana · 1896

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