Ornelas v. Newburger
Supreme Court of Louisiana
Appeal from Civil District Court, Parish of Orleans; T. C. W. Ellis, Judge. Attachment and sequestration by Gil Ornelas against Silvan Newburger & Co., in which H. and C. Newman were garnished. From an order dissolving the attachment after the sequestration lapsed, plaintiff appeals, and defendant by answer seeks damages as for frivolous appeal, and asks that motion to dissolve the attachment on the face of the papers be sustained.
1Opinion of the CourtProvo Sty, J.
The plaintiff sued out writs of attachment and sequestration; and, as ancillary to the writ of attachment, served garnishment process upon H. and C. Newman, owners of Mississippi Cotton Press. Under the writ of sequestration certain bales of cotton were seized. A third person claimed ownership of this cotton and made affidavit as required by section 3579, R. S. (amended by Act 37, p. 50, of 1882). The sheriff then called upon the plaintiff to furnish an indemnity bond, as required by said section 3579, R. S.; and, the plaintiff failing so to do, the property was released. As a consequence,…
2Cited by2 opinions
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