Eastin v. Dugat
Supreme Court of Louisiana
APPEAL PROM THE COURT OF THE FIFTH DISTRICT, THE JUDGE OF THE SEVENTH PRESIDING. This suit commenced bjnthjunction. Dugat, the present defendant, instituted suit, and in May, 1831, recovered judgement against Eastin for three hundred and fifty dollars and costs.
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APPEAL PROM THE COURT OF THE FIFTH DISTRICT, THE JUDGE OF THE SEVENTH PRESIDING. This suit commenced bjnthjunction. Dugat, the present defendant, instituted suit, and in May, 1831, recovered judgement against Eastin for three hundred and fifty dollars and costs. But during the pendency of this suit, P. Wartelle &c. obtained a judgement against Dugat for dollars, levied execution on the suit of Dugat against Eastin, and on the 23d of November, 1830, all the right and interest of Dugat in said suit was sold by the sheriff and adjudicated to T. J. Mayfield, for sixty-two dollars. On the second…
1Opinion of the CourtMartin, J.
The petitioner states, that during the pendency of a suit brought by Dugat against Eastin, a judgement creditor of the former, had his claim against Eastin, which was the object of the suit, sold under a fieri facias, and it was purchased by Mayfield, who sold it to Eastin. On the second of May last, and on the fourth of the same month, Eastin not having pleaded this purchase, Dugat recovered judgement against him, and soon after sued out an execution. On this, Eastin procured an injunction, alleging that the claim of Dugat, on which judgement had been obtained, had been extinguished by…
2Cited by3 opinions
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- de Lizardi v. HardawaySupreme Court of Louisiana · 1844