Legal Opinion

State v. Judge of the Commercial Court

Supreme Court of Louisiana

Decided January 15, 1841PublishedCited by 3 opinions

An application for a mandamus. This case comes up on an application for a mandamus to compel the [434] judge of the commercial court to allow a smpenswe appeal in the case of 6-a/rretson v. His creditors. The facts alleged for the mamdcmus are, that on the filing of a tableau of distribution by the insolvent, who was his own syndic, N. Hoey made oppo sition and claimed to be a privileged creditor in the sum of $1500 for rent due.

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An application for a mandamus. This case comes up on an application for a mandamus to compel the [434] judge of the commercial court to allow a smpenswe appeal in the case of 6-a/rretson v. His creditors. The facts alleged for the mamdcmus are, that on the filing of a tableau of distribution by the insolvent, who was his own syndic, N. Hoey made oppo sition and claimed to be a privileged creditor in the sum of $1500 for rent due. His opposition was sustained by a judgment of the court, and the syndic prayed for a suspensive appeal. Hoey took a rule to set aside the appeal on the insufficiency…

1Opinion of the CourtSimou, J.

A rule having been taken upon the judge of the commercial court to show cause why a mandamus should not issue, ordering him to allow a suspensive appeal in the case of Garretson v. His creditors, said judge made the following return:

“ That H. Garretson, as syndic of his own creditors, the 29th of August, 1840, filed a provisional tableau of distribution; that an opposition thereto was filed by N. Hoey, a creditor, for rent to the amount of $1500; claiming a privilege over all other creditors on the property in the store, which was leased to said Garretson.”

[435] “ That on the 28th November,…

2Cases cited1 opinion

  1. State v. BuchananSupreme Court of Louisiana · 1839

3Cited by3 opinions

  1. Zavaglia v. NotarbartoloSupreme Court of Louisiana · 1915
  2. Barrow v. ClackSupreme Court of Louisiana · 1893
  3. Wall v. WoodsIdaho Supreme Court · 1925

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