Coiron v. Millaudon
Supreme Court of Louisiana
APPEAL from the Fifth District Court of New Orleans, Buchanan, J» At the date of Coiron's cession, in July, 1833, the debt now claimed by Mrs. Coiron belonged to Bouchard. He was an absent creditor, cited through the attorney appointed by the court to represent the absent creditors; but, as an absent creditor, he had a right to decline any participation in the insolvent proceedings, and to prosecute his remedy in the Federal court.
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APPEAL from the Fifth District Court of New Orleans, Buchanan, J» At the date of Coiron's cession, in July, 1833, the debt now claimed by Mrs. Coiron belonged to Bouchard. He was an absent creditor, cited through the attorney appointed by the court to represent the absent creditors; but, as an absent creditor, he had a right to decline any participation in the insolvent proceedings, and to prosecute his remedy in the Federal court. He selected that course, and refused to become a party to the concurso. In the moan time the property surrendered was sold. It was not in his power, after the sale…
1Opinion of the Court
The judgment of the court Was pronounced by
Edstjs, C. J.
On the 17th of July, 1833, Jean.Joseph Co'vron, since deceased, the former husband of the plaintiff, made a surrender of his property in the court of the first judicial district. The judge made the usual order on the application, accepting the cession, directed' a meeting of ¿he creditors to be convened, and appointed an attorney to represent the absent creditors. The property was afterwards sold, and the proceeds distributed under a tableau of distribution, which, after due notice, was homologated. Coiron died in September, 1833,…
2Cases cited2 opinions
- Breedlove & Robeson v. Nicolet & SiggSupreme Court of the United States · 1833
- Smith v. de LalandeSupreme Court of Louisiana · 1842
3Cited by3 opinions
- Stockmeyer v. TobinSupreme Court of the United States · 1891
- Succession of SpykerLouisiana Court of Appeal · 1935
- Conery v. His CreditorsSupreme Court of Louisiana · 1904