Legal Opinion

Day v. Helena Lumber Co.

Supreme Court of Louisiana

Decided October 29, 1917No. 22695PublishedCited by 2 opinions

Suit by W. G. Day and others against the Helena Lumber Company, in which the exception of S. T. Alcus & Co. to the jurisdiction was overruled, and in which plaintiff filed a supplemental petition, and S. T. Alcus & Co. and the trustee of the Helena Lumber Company filed an exception to the jurisdiction, and on plaintiff’s motion there was an order relieving the trustee of the lumber company of further appearance and appointing a curator ad hoc to represent it, and the company…

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Suit by W. G. Day and others against the Helena Lumber Company, in which the exception of S. T. Alcus & Co. to the jurisdiction was overruled, and in which plaintiff filed a supplemental petition, and S. T. Alcus & Co. and the trustee of the Helena Lumber Company filed an exception to the jurisdiction, and on plaintiff’s motion there was an order relieving the trustee of the lumber company of further appearance and appointing a curator ad hoc to represent it, and the company and S. T. Alcus & Coi apply for a writ of prohibition.

1Opinion of the Court

Statement of the Case.

MONROE, C. J.

Upon October 21, 1916, the Helena Lumber Company, Inc., was adjudicated a bankrupt by the District Court of the United States for the Eastern District of this state, and John D. Morris was elected trustee. On November 9th, following, S. T. Alcus & Co., Limited, filed a petition in that court in which it alleged that it had been advised by the attorney of the trustee that the latter had advertised for sale, as the property of the bankrupt estate, 416,000 feet of assorted, planed lumber; that petitioner had acquired the same by purchase ’from the Helena Dumber…

2Cases cited6 opinions

  1. Loeb v. ArentSupreme Court of Louisiana · 1881
  2. Katz & Barnett v. GillSupreme Court of Louisiana · 1891
  3. State ex rel. Sample v. Judge of the Tenth Judicial District CourtSupreme Court of Louisiana · 1891
  4. Courtney v. RigmaidenSupreme Court of Louisiana · 1904
  5. Livingstone v. Hardie Bros.Supreme Court of Louisiana · 1889

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Gaillardanne v. LocascioSupreme Court of Louisiana · 1935
  2. State ex rel. Truxillo v. GilbertLouisiana Court of Appeal · 1930

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