Calderwood v. Prevost ex rel. Beers
Supreme Court of Louisiana
Appeal from the District Court ot Ouachita, Curry, J. contended that the sheriff can only proceed against property after having first seized it, and taken it into possession, if it be such as can be taken possession of. Code of Practice, arts. 643, et seq., 657, 659. That after seizing he must give notice to the debtor. Ib. art. 654. That three days after having given notice of the seizure of the property, he must advertise it. Ib. art. 667.
1Opinion of the CourtMorphy, J.
The plaintiff enjoined an execution issued against him at the instance of Prevost, suing for the use of Jonathan S. Beers. He alleges that he made an agreement with Robert W. Richardson, one of Prevost’s attorneys, that he would confess judgment, (which he did,) provided the said attorney would take certain claims of his to collect, and delay the execution until they were collected, or found unavailable; that the said attorney did take charge of claims, exceeding in amount the judgment rendered in the case ; that they were to be collected without delay, and placed as a credit on said judgment…
2Cases cited1 opinion
- Seymour v. BourgeatSupreme Court of Louisiana · 1838
3Cited by3 opinions
- Zibilich v. RouseoSupreme Court of Louisiana · 1925
- Deville v. HayesSupreme Court of Louisiana · 1871
- Lambeth v. SentellSupreme Court of Louisiana · 1886