Graham v. Burckhalter
Supreme Court of Louisiana
PPEAL from the District Court of Washington, Jones, J. Plaintiffs attached certain slaves belonging to the defendant, a non-resident. The latter obtained the dissolution of the attachment, on the ground that the interest claimed by plaintiffs had been omitted in calculating the amount of the bond. The amount of the bond given was that fixed by the clerk in the order of attachment.
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PPEAL from the District Court of Washington, Jones, J. Plaintiffs attached certain slaves belonging to the defendant, a non-resident. The latter obtained the dissolution of the attachment, on the ground that the interest claimed by plaintiffs had been omitted in calculating the amount of the bond. The amount of the bond given was that fixed by the clerk in the order of attachment. The plaintiffs, on the application of the defendant for the dissolution of the attachment, tendered an additional bond, in a sum sufficient to supply the deficiency of the first. The court refused to receive it, and…
1Opinion of the Court
The judgment of the court was pronounced by
King, J.
This suit was commenced by attachment. The plaintiffs claimed $1,453 39, with eight per centinterest, from the 17th of April, 1843. The clerk granted an order, that the writ should issue upon bond-being given by the plaintiffs in the sum of $2,180 08, which is one half over the principal debt, exclusive of interest. The counsel appointed to represent the absent defendant, moved to dissolve the attachment, on the ground that the plaintiffs had not given a bond for a sum exceeding by one-half the amount claimed and sworn to. The plaintiffs then…
2Cases cited1 opinion
- Allen v. ArnouilSupreme Court of Louisiana · 1841
3Cited by2 opinions
- Mitchell v. MurphySupreme Court of Louisiana · 1913
- Red Cross Lumber Co. v. Frank I. Abbott Lumber Co.Supreme Court of Louisiana · 1916