Nimick, McCloskey & Co. v. Ingram
Supreme Court of Louisiana
from the Eiftb Distriot Court of New Orleans, Eggleston, J. Plaintiffs having seized the property of defendant cmfi.fa., were about selling it by the sheriff, when they were enjoined by John-Robertson, claiming ownership. The property was declared not Robertson’s, but the execution debtor’s. Ingram attempted to make a cession and thus to deprive plaintiffs of the effect and fruit of their execution. From a judgment sustaining this opposition plaintiffs have appealed.
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from the Eiftb Distriot Court of New Orleans, Eggleston, J. Plaintiffs having seized the property of defendant cmfi.fa., were about selling it by the sheriff, when they were enjoined by John-Robertson, claiming ownership. The property was declared not Robertson’s, but the execution debtor’s. Ingram attempted to make a cession and thus to deprive plaintiffs of the effect and fruit of their execution. From a judgment sustaining this opposition plaintiffs have appealed. We submit: 1. The fruits of the litigation in the contest between plaintiffs and John Robertson belong to the plaintiffs, are…
1Opinion of the CourtInsiiEY, J.
This is an appeal from a judgment rendered by the Fifth District Court of New Orleans, on a rule taken on the plaintiffs by the defendant, to show cause why- all process under their judgment in this suit, originally pending in the Fourth District Court, should not be stayed and set aside, as being in violation of a decree of said Fifth District Court, ordering all proceedings to be stayed against the property of the defendant, an insolvent debtor.
In order to comprehend the principal question involved in this controversy, it becomes necessary to make a comprehensive statement of all the facts…
2Cases cited2 opinions
- Tyler v. Their CreditorsSupreme Court of Louisiana · 1844
- Marsh v. MarshSupreme Court of Louisiana · 1844
3Cited by2 opinions
- Tua v. CarriereSupreme Court of the United States · 1886
- Geilinger v. PhilippiSupreme Court of the United States · 1890