Mitchell v. Murphy
Supreme Court of Louisiana
Appeal from First Judicial District Court, Parish of Caddo; E. W. Sutherlin, Judge. Action by W. M. Mitchell against James Murphy. From a judgment dissolving a writ of attachment because of insufficient bond, plaintiff appeals.
1Opinion
*1039On Application for Rehearing.
2Per curiam
Our attention is called to Act No. 103 of 1870, p. 18, of the Acts of 1871, and Act No. 17 of 1880, p. 21, which amend article No. 245, C. P., so as to require bonds in attachment suits to be in favor of the clerk of court instead of the defendant in a cause. As the judgment is not based on the ground that the bond is made in favor of the wrong party, but that it was insufficient on other grounds, a rehearing on this point becomes unnecessary.
Our attention is also called to article 3065, C. C., which provides that “the person who cannot give a surety is admitted…
3Cases cited2 opinions
- Sauer v. Union Oil Co.Supreme Court of Louisiana · 1891
- State ex rel. Rayssiguier v. MonroeSupreme Court of Louisiana · 1885