Levy v. Roos
Supreme Court of Louisiana
APPEAL from the First Judicial District Court, parish of Caddo. Taylor, J. ■Compensation is an equitable remedy, and is not extended to wrongdoers or those guilty of bad faith. 7 An. 53. ■ Trespassers cannot avert a judgment for damages resulting from the trespass by compensation or reconvention. 1 N. S. 556 ; C. C. 2210. Alexander & Blanchard for Defendant and Appellee.
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APPEAL from the First Judicial District Court, parish of Caddo. Taylor, J. ■Compensation is an equitable remedy, and is not extended to wrongdoers or those guilty of bad faith. 7 An. 53. ■ Trespassers cannot avert a judgment for damages resulting from the trespass by compensation or reconvention. 1 N. S. 556 ; C. C. 2210. Alexander & Blanchard for Defendant and Appellee. First — That as compensation takes place by the mere operation of law, and plaintiff’s petition disclosing a state of facts from which compensation of his claim must be held to result, the exception of no cause of action…
1Opinion of the Court
The opinion of the Court was delivered by
Todd, J.
In October, 1878, S. Hernsheim & Bro. brought a suit against the plaintiff in this case in the District Court of Caddo. The-suit was commenced by attachment,4 and the property of the defendant in that suit, L. A. Levy, and plaintiff in this, was seized. The defendant in this suit, M. Roos, was the security of Hernsheim & Bro. on the-attachment bond in the previous suit. In that suit there was judgment, in favor of Hernsheim & Bro. for the amount of their demand, $1981 96,. but the attachment was dissolved and damages allowed against Herns-heim…
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