Legal Opinion

Rouge v. Larfargue Bros.

Supreme Court of Louisiana

Decided November 18, 1895No. 11,593PublishedCited by 2 opinions

APPEAL from the Civil District Court for the Parish of Orleans. Bightor, J. Russmann & Galland, creditors of the Lafargue Bros. Co., Limited, obtained a judgment against that corporation in the Circuit Court of the United States, upon which they caused execution to issue, and under this execution seizures by garnishment were made.

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APPEAL from the Civil District Court for the Parish of Orleans. Bightor, J. Russmann & Galland, creditors of the Lafargue Bros. Co., Limited, obtained a judgment against that corporation in the Circuit Court of the United States, upon which they caused execution to issue, and under this execution seizures by garnishment were made. When matters were in that situation a rule was served upon them in the Circuit Court, calling on them to summarily show cause why an injunction should not issue prohibiting them from proceeding further in the matter of the seizures. The rule was issued at the…

1Opinion of the Court

The opinion of the court was delivered by

Nicholls, C. J.

In the rule taken by Russmann & Galland, they maintained that the liquidators had never been legally appointed, confirmed or qualified as such, for various assigned reasons, one of the reasons assigned being, that the court was without jurisdiction in the premises, and could not legally take action in the matter of the appointment.

On the argument of this case, counsel of appellants declared that the action taken by the District Court was nothing more than substantially the approval and homologation of proceedings of a meeting of…

2Cases cited3 opinions

  1. Windsor v. McVeighSupreme Court of the United States · 1876
  2. Quine v. MayesSupreme Court of Louisiana · 1842
  3. Paxton v. CobbSupreme Court of Louisiana · 1831

3Cited by2 opinions

  1. Succession of CarbajalSupreme Court of Louisiana · 1903
  2. In re Judicial Liquidation of the New Orleans Butchers' Co-operative, Abattoir, Inc.Louisiana Court of Appeal · 1966

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