Rousseau v. His Creditors
Supreme Court of Louisiana
Appeal from the court of the first judicial district. This case arises on an opposition made by Guiseppe Giordano, to the homologation of the tableau of distribution filed by the syndic of the creditors in this case. The opponent alleges that besides his mortgage claim, he is a privileged creditor of the insolvent’s estate in the sum of §55 62, for clerk’s and sheriff’s fees, by him advanced in a certain suit in -which he had judgment for costs against said insolvent.
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Appeal from the court of the first judicial district. This case arises on an opposition made by Guiseppe Giordano, to the homologation of the tableau of distribution filed by the syndic of the creditors in this case. The opponent alleges that besides his mortgage claim, he is a privileged creditor of the insolvent’s estate in the sum of §55 62, for clerk’s and sheriff’s fees, by him advanced in a certain suit in -which he had judgment for costs against said insolvent. He prays that the tableau be so amended as to allow this sum as a privilege debt, and also for some other claims. The district…
1Opinion of the CourtSimon, J.
The only question submitted to our consideration in this case, is whether under the Louisiana Oode, the privilege granted to law charges ought to be extended to such costs as may have been occasioned by the prosecution [207] of suits against an insolvent debtor previous to his failure ? or whether such privilege ought to be limited to the costs incurred in the concurso, and for the benefit of the mass of creditors ?
Under the Old Civil Oode, as early as 1812, the jurisprudence of this court had repeatedly recognized that the lam charges contemplated by the art. 78, page 468, were tawed costs.…
2Cited by1 opinion
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