Nugent v. McCaffrey
Supreme Court of Louisiana
APPEAL from the Fourth District Court, parish of Orleans. Houston, J. •First — A right of action to annul a sale of real estate and for damages thereunder, is not such appreciable right as can be seized, appraised and sold. Both rights are strictly personal to the original holder and are not such as can be exercised by his creditors without his consent.
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APPEAL from the Fourth District Court, parish of Orleans. Houston, J. •First — A right of action to annul a sale of real estate and for damages thereunder, is not such appreciable right as can be seized, appraised and sold. Both rights are strictly personal to the original holder and are not such as can be exercised by his creditors without his consent. “Second — Such seizure, if at all, cannot be made in the hands of the clerk of the court in which the suit is pending, especially by a mere notice, as in this case; it would have to be made in the hands of the debtor. 'Third — A judgment…
1Opinion of the Court
On Motion to Dismiss.
The opinion of the Court was delivered by
Spencer, J.
Defendant and appellee moves to dismiss this appeal, on three grounds.
First. Because the bond names no one as payee.
Second. Because the bond is signed Kate A. Nugent instead of Kate Nugent.
Third. The bond does not sufficiently identify the judgment appealed from.
The bond is in the usual form, declaring that appellant and her surety, naming both, “ are held and firmly bound unto-- executors, administrators and assigns, in the sum of $150,” etc.
Then follows the condition of the bond, reciting “that Kate A. Nugent has this…
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- Rogers v. ReadLouisiana Court of Appeal · 1978
- Smith v. JacksonSupreme Court of Georgia · 1905
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