Legal Opinion

Blanchard v. Cole

Supreme Court of Louisiana

Decided April 15, 1835PublishedCited by 2 opinions

ON AN APPLICATION FOR. A RE-HEARING. In this case a re-hearing has been prayed for, and it is now before the court on this application. Sée the case ante. applied for a re-hearing, on the following grounds: 1. The point on which this case is decided, is new; it has never,been discussed in our courts, and was not made or discussed, or the authority on which the decision is based was not cited at the bar, on the argument of the case.

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ON AN APPLICATION FOR. A RE-HEARING. In this case a re-hearing has been prayed for, and it is now before the court on this application. Sée the case ante. applied for a re-hearing, on the following grounds: 1. The point on which this case is decided, is new; it has never,been discussed in our courts, and was not made or discussed, or the authority on which the decision is based was not cited at the bar, on the argument of the case. The point on which the garnishees are made liable, is this: that the claim against them is not liquidated, and although their demand is liquidated by notes, it…

1Opinion of the CourtMathews, J.

This case is before the court on a re-hearing. In our former judgment, we affirmed that of the court below, which *162was against the appellants. Our decision was adverse to the pretensions of the garnishees, who undertook to show a want of indebtedness to the defendants in the attachment, by alleging compensation. If indebted to Cole & Co., they owed in their social capacity, as members of a commercial firm. The debt offered in compensation, appears to be due to them, as legatees of a deceased relation, which they could ■only claim individually. In our judgment heretofore pronounced, we assumed…

2Cited by2 opinions

  1. Christina v. GautreauxLouisiana Court of Appeal · 1915
  2. Lewis v. MooreSupreme Court of Louisiana · 1844

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