Tyler v. Their Creditors
Supreme Court of Louisiana
These appeals were brought up from the District Court of the First District, Buchanan, J. The appellant, Price, having a judgment against Tyler & Jacks, on the 10th August, 1844, levied a fi.fa. on all the effects in their shop. Tyler, on the 13th of the same month, made a cessio bonorum, both for himself and the partnership of Tyler & Jacks. The cession was accepted, and Tyler regularly appointed syndic of the creditors.
Read the full summary
These appeals were brought up from the District Court of the First District, Buchanan, J. The appellant, Price, having a judgment against Tyler & Jacks, on the 10th August, 1844, levied a fi.fa. on all the effects in their shop. Tyler, on the 13th of the same month, made a cessio bonorum, both for himself and the partnership of Tyler & Jacks. The cession was accepted, and Tyler regularly appointed syndic of the creditors. A stay of proceedings was ordered “ against his person and property, and the property of the partnership.” On the 19 September, a rule was taken by the plaintiff in the case…
1Opinion of the CourtGarland, J.
Price having obtained a judgment against Tyler & Jacks, issued his execution, and the sheriff levied it on all the goods and effects in their store. A few days after, Tyler alone presented his petition, accompanied by a hilan and schedule of all his creditors, and those of Tyler & Jacks, also of the property belonging to him individually, and to the firm of which he was a member; “ wherefore, he, individually, and as a member of said firm, and for said firm,” prayed that the cession be accepted “ of his property, and of the property of said firm,” and that a meeting of the creditors of both…
2Cases cited1 opinion
- Warfield v. His CreditorsSupreme Court of Louisiana · 1831
3Cited by2 opinions
- Nimick, McCloskey & Co. v. IngramSupreme Court of Louisiana · 1865
- John Calder & Co. v. Their CreditorsSupreme Court of Louisiana · 1895