Lehman, Stern & Co. v. E. Martin & Co.
Supreme Court of Louisiana
Action by Lehman, Stern & Co., Limited, against E. Martin & Co. and others. Application by S. Gumbel & Co., Limited, for writ of prohibition.
1Opinion
On Rehearing.
BREAUX, O. J.
[2] The bankruptcy act is not destructive, of rights already existing at the time that the writ of attachment issues. It gives effect to all liens, except those growing out of the attachment itself. We will not discuss any proposition save that the writ of garnishment does not hold the property; nor does it issue to compel the delivery of a specific thing. Hanna v. Loring, 11 Mart. (O. S.) 276.
We have carefully considered the authorities cited of a date comparatively recent and those of a remote date. We have not found that they would justify us in insisting upon the…
2Cases cited4 opinions
- Henderson v. MayerSupreme Court of the United States · 1912
- Gumbel v. BeerSupreme Court of Louisiana · 1884
- Proseus v. MasonSupreme Court of Louisiana · 1838
- Collins v. FriendSupreme Court of Louisiana · 1869