New Orleans Canal & Banking Co. v. Comly
Supreme Court of Louisiana
The plaintiffs have appealed from a judgment of the District Court of the First District, Buchanan, J., setting aside a writ of attachment; and the defendant is appellant from a judgment, maintaining a writ of arrest. contended that the court below erred in setting aside the attachment, citing Grainer v. Devlin, 1 La. 169; and decided correctly in sustaining the arrest. 7 Martins N. S. 525.
1Opinion of the CourtMartin, J.
The plaintiffs are appellants from a judgment dismissing an attachment of the defendant’s property, and appellees from one discharging a rule which the defendant had obtained, calling on them to show cause why he should not he relieved from the arrest of his person. The attachment was obtained on the usual affidavit, that the defendant had ‘ departed from the State,, never to return;’ and the first judge has considered his return since, as conclusive evidence of his intention to return when he departed; at least he has presented it to us as such in his judgment, It is true that the defendant…
2Cited by3 opinions
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