Wheelwright v. St. Louis, New Orleans & Ocean Canal & Transportation Co.
Supreme Court of Louisiana
A PPEAL from the Twenty-second Judicial District Court for the Parish of St. Bernard. Livaudais, J. Statement oe the Case.
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A PPEAL from the Twenty-second Judicial District Court for the Parish of St. Bernard. Livaudais, J. Statement oe the Case. On the former trial of this suib a judgment rendered by the District Court of the parish of St. Bernard in favor of E. E. Nunez, sheriff of that parish for one thousand one hundred and thirty-three dollars and fifty cents, and taxed as costs in the suit — the claim being based upon expenditures made by him for the construction of a dam or levee across the mouth of defendant’s canal, was annulled and reversed, the decree of reversal stating that nothing therein contained…
1Opinion of the Court
The opinion of the court was delivered by. Nicholls, 0. J.
The claim of the sheriff for his disbursements is presented to us by way of third opposition, to be paid by preference over that of Wheelwright or any other creditor of the defendant, out of the proceeds of the sale of the latter’s property, expected to take place shortly after, in execution of a judgment obtained by the plaintiff, Wheelwright, against it. The property expected to be sold, and which was, in point of fact, sold, as had been anticipated, was the same property which the sheriff then held, and had held, in *614his possession…
2Cases cited2 opinions
- Allen v. San José Land & Water Co.California Supreme Court · 1891
- Nancarow v. NelsonSupreme Court of Louisiana · 1818
3Cited by1 opinion
- Chalmette Petroleum Corp. v. Myrtle Grove Syrup Co.Supreme Court of Louisiana · 1932