Legal Opinion

Buddig v. Simpson

Supreme Court of Louisiana

Decided March 15, 1881No. 7765PublishedCited by 2 opinions

APPEAL from the Sixth District Court for the parish of Orleans . Rightor, J. 'The levy of an attachment in the hands of a garnishee by a simultaneous seizure with service of interrogatories, copy of petition and citation to answer, only affects or attaches the property, rights, credits and effects belonging to the defendant in the possession and control of the garnishee, or the indebtedness of the garnishee to the defendant at the • moment the attachment was levied.

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APPEAL from the Sixth District Court for the parish of Orleans . Rightor, J. 'The levy of an attachment in the hands of a garnishee by a simultaneous seizure with service of interrogatories, copy of petition and citation to answer, only affects or attaches the property, rights, credits and effects belonging to the defendant in the possession and control of the garnishee, or the indebtedness of the garnishee to the defendant at the • moment the attachment was levied. Such attachment can have no prospective or rete speotiv© effect. The levy of such a writ crystallizes the state of affairs…

1Opinion of the Court

The opinion of the Court was delivered by

Levy, J.

Henry Buddig, the plaintiff, holds a note drawn by Jeremiah Simpson, deceased, for twenty-five hundred dollars, on which there was a balance due on the 18th of November, 1878, of the sum of one thousand eight hundred and fifty-one dollars and fifty-five cents, bearing interest at eight per cent per annum from that date. Jeremiah Simpson, died in this State on the 22d of August, 1878, leaving his widow in community, Louisa Simpson, and two minor children. His property was inventoried as of the value of $13,745 76, of which the widow was entitled…

2Cited by2 opinions

  1. Humphrey v. MidkiffSupreme Court of Louisiana · 1909
  2. Bragunier v. Beck & Corbett Iron Co.Supreme Court of Kansas · 1889

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