Robeson v. Mississippi & Alabama Rail Road
Supreme Court of Louisiana
APPEAL FROM THE PARISH COURT, FOR THE PARISH AND CITY OF NEW-ORLEANS. This suit commenced by attachment.. The plaintiffs filed their petition the 5th July, 1838, claiming judgment for the sum of two thousand dollars, and interest. They ask, that Lyons, Harris & Co., and others, be ordered to answer on oath the annexed interrogatories, and condemned, as garnishees in solido, to pay the amount of the plaintiff’s demand.
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APPEAL FROM THE PARISH COURT, FOR THE PARISH AND CITY OF NEW-ORLEANS. This suit commenced by attachment.. The plaintiffs filed their petition the 5th July, 1838, claiming judgment for the sum of two thousand dollars, and interest. They ask, that Lyons, Harris & Co., and others, be ordered to answer on oath the annexed interrogatories, and condemned, as garnishees in solido, to pay the amount of the plaintiff’s demand. Interrogatory. — “Had you, at the time of service of this interrogatory upon you, or have you had ai. any time since, in your possession, or under your control, any moneys,…
1Opinion of the CourtRost, J.
In this case, the commercial firm of Lyons, Harris & Co. were cited as garnishees, and asked to answer on oath whether they had in their possession, or under their control, property belonging to defendants, and whether it was worth the amount for which attachment had issued, to wit, two thousand dollars. The garnishees answered in these words : “Yes; one hundred and four bales of cotton.” Judgment was rendered against the defendants, and the plaintiffs, finding some previous liens on the property attached, took a rule upon the garnishees to show cause why they should not be condemed in solido…
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