Zuntz v. Cornen
Supreme Court of Louisiana
from the District Court of the Parish of Plaquemines, Rousseau, J. 1. It is an attempt to change the proceedings via exeautiva into via ordi-naria, without plaintiff’s assent, either expressed or implied. 2 An. 488. 2. The proceedings are not in conformity to the mode prescribed by law. The only remedy, authorized by the facts of the case, is that subsequently-resorted to, viz : an injunction.
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from the District Court of the Parish of Plaquemines, Rousseau, J. 1. It is an attempt to change the proceedings via exeautiva into via ordi-naria, without plaintiff’s assent, either expressed or implied. 2 An. 488. 2. The proceedings are not in conformity to the mode prescribed by law. The only remedy, authorized by the facts of the case, is that subsequently-resorted to, viz : an injunction. O. P. 738 et al. 4 Rob. 492. 2 Rob. 90. It appears from the- face of the papers that an order of seizure issued erroneously. The mortgage act shows that at the time of the execution of the notes and…
1ConcurrenceSpojtoud, J.
I conenr in the opinion prepared by Mr. Justice Ogden, and add the following reasons :
A single, and a married woman authorized by her husband, executed their joint and several notes, and secured them by an authentic act of mortgage importing a confession of judgment upon a plantation and certain slaves..It is contended that an order of seizure and sale could not be lawfully issued upon these authentic documents, although no informality is suggested, simply because one of the parties is a married woman.
It is also contended that the order of seizure and sale could be arrested by the married…
2Cases cited3 opinions
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- Galpin v. JessupSupreme Court of Louisiana · 1842
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