Carrol v. M'Donogh
Supreme Court of Louisiana
Appeal from the court of the first district. An attachment was instituted and executed on funds in the hands of John Rogers, the appellant.
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Appeal from the court of the first district. An attachment was instituted and executed on funds in the hands of John Rogers, the appellant. To the interrogatories proposed him by the plaintiff; he answers, that he has in his possession monies of the defendant, to the amount of $ 334 82 cents; but that an illegal attachment had been taken out in the state of Pennsylvania, against his own property, in a suit of some person against M‘Donogh, and that he intends retaining possession of the funds to indemnify himself for any damage which he may sustain. The district court rendered judgment in…
1Opinion of the CourtPorter, J.
Interrogatories were propounded in this case to the garnishee, for the purpose of ascertaining what credits and effects of the defendant were in his hands. He answered, that he had $334 82 cents, which he had ever been willing to pay over, but which he now intended retaining possession of, to indemnify him from any damages he might sustain from an illegal attachment, which had issued from a court in Pennsylvania, against *629his property, in a suit of some person against the said M‘Donogh.
There was judgment against the principal debtor, and an order that the garnishee pay over the amount due…
2Cases cited1 opinion
- Bates v. WebbMassachusetts Supreme Judicial Court · 1812
3Cited by3 opinions
- Reeves v. TowlesSupreme Court of Louisiana · 1836
- Lowry v. ErwinSupreme Court of Louisiana · 1843
- Chesneau's Heirs v. SadlerSupreme Court of Louisiana · 1822