Legal Opinion

M'Carty v. M'Carty

Supreme Court of Louisiana

Decided September 15, 1841PublishedCited by 8 opinions

Western Dis, ARPEAD FROM THE COURT OF THE FIFTH DISTRICT FOIL THE PARISH OF ST. MART, THE JUDGE OF THE SIXTH PRESIDING. This suit commenced by injunction. J. P. M'Carty having obtained a judgment on a promissory note of the plaintiff for $3175, with ten per cent, interest, issued execution and was proceeding to sell a tract of land, when stopped by injunction.

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Western Dis, ARPEAD FROM THE COURT OF THE FIFTH DISTRICT FOIL THE PARISH OF ST. MART, THE JUDGE OF THE SIXTH PRESIDING. This suit commenced by injunction. J. P. M'Carty having obtained a judgment on a promissory note of the plaintiff for $3175, with ten per cent, interest, issued execution and was proceeding to sell a tract of land, when stopped by injunction. The plaintiff alleges that when suit was pending in which said judgment was rendered, he pleaded several matters and de. mands in reconvention which were rejected, and for which he has instituted a separate suit, against the said…

1Opinion of the CourtGarland, J.

The plaintiff has obtained an injunction in this case to arrest the execution of a'judgment which the defendant had obtained against him for $3175, with ten per cent, interest and costs, alleging that the defendant was indebted to him (the plaintiff) in a sum nearly sufficient to extinguish the said judgment. That he had commenced a suit by attachment which had been levied on said judgment, notwithstanding which the defendant was going on to execute the same, and had actually had an execution issued and levied on a tract of land situated on the east side of the bayou Teche, in the parish of…

2Cases cited1 opinion

  1. Saillard v. WhiteSupreme Court of Louisiana · 1839

3Cited by8 opinions

  1. Arvelo v. Banco Territorial y AgrícolaSupreme Court of Puerto Rico · 1917
  2. Dabbs v. HemkenSupreme Court of Louisiana · 1842
  3. de Lizardi v. HardawaySupreme Court of Louisiana · 1844
  4. Gamard v. HartSupreme Court of Louisiana · 1849
  5. Stafford v. MeadSupreme Court of Louisiana · 1844

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