First National Bank v. A. Moss & Co.
Supreme Court of Louisiana
APPEAL from tlie Ninth District Court, Parish of Tensas. Young, J. 1. An affidavit, in which the creditor swears to the existence of the debt sued on, and which alleges the Codal grounds, is sufficient.
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APPEAL from tlie Ninth District Court, Parish of Tensas. Young, J. 1. An affidavit, in which the creditor swears to the existence of the debt sued on, and which alleges the Codal grounds, is sufficient. C. P. 237 to 243. 2. An averment that defendant is indebted upon a bill alleges possession and ownership in plaintiff. 18 Ann. 554. 3. Whore attachment issues under C. P, 237, the character of indebtedness, which the affidavit alleges to exist, can he set up in the original and amended petitions. 4. Where the drawer of a bill has no funds in the hands of a drawee, to meet the payment of the…
1Opinion of the Court
Tlie opinion of tlie Court was delivered by
Poché, J.
Tlie plaintiff corporation is appellant from a judgment whicli dissolved, on motion and on the face of the papers, a writ of attachment sued out by the bank against the defendants on September 23, 1887, on a claim of $7350.
The writ was obtained on an affidavit made by the bank’s agent, followed by a petition filed on the next day.
The averment in the affidavit, on which the crucial point of discussion in the present appeal hinges, is in the following words:
“Affiant deposes that he is the attorney and agent of said corporation ; deposes…
2Cases cited1 opinion
- Harrod v. BurgessSupreme Court of Louisiana · 1843
3Cited by7 opinions
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- Penn v. JonesLouisiana Court of Appeal · 1926
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