Savings & Homestead Ass'n v. Frank
Supreme Court of Louisiana
Concursus proceedings by the Savings & Homestead Association against August Frank, the National Surety Company, Dr. C. N. Gibbons, and others, persons and firms asserting claims for labor and material, and for judgment distributing a fund deposited by plaintiff, discharging it with its costs and ordering cancellation of liens recorded against the building.
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Concursus proceedings by the Savings & Homestead Association against August Frank, the National Surety Company, Dr. C. N. Gibbons, and others, persons and firms asserting claims for labor and material, and for judgment distributing a fund deposited by plaintiff, discharging it with its costs and ordering cancellation of liens recorded against the building. From- a judgment in the district court the Surety Company appealed to the Supreme Court, and another of the parties appealed to the Court of Appeal, after which the appeals to the Supreme Court and to the Court of Appeal were consolidated…
1Opinion of the CourtMonroe, C. J.
Plaintiff (hereinafter called Homestead) deposited §940 in the civil district court, alleging that to be the balance due by it to the defendant August Frank on a certain building contract; praying that Frank, the National Surety Company (hereafter called Surety Company), Dr. C. N. Gibbons, and a number of persons and firms, asserting claims for labor and material, be cited to appear and litigate their rights, and after due proceedings that there be judgment distributing the fund so deposited, discharging the petitioner, with its costs, including attorney’s fees, and ordering the cancellation…
2Cases cited3 opinions
- Orleans & J. Ry. Co. v. International Const. Co.Supreme Court of Louisiana · 1903
- McGuire v. WooldridgeSupreme Court of Louisiana · 1843
- Penn v. CollinsSupreme Court of Louisiana · 1843
3Cited by7 opinions
- Fidelity Homestead Ass'n v. Kennedy & AndersonSupreme Court of Louisiana · 1925
- State v. Preferred Accident Insurance Co. of NYLouisiana Court of Appeal · 1963
- Shreveport Laundries v. ShermanLouisiana Court of Appeal · 1942
- Natchitoches Sweet Potato Co. v. Perfection Curing Co.Supreme Court of Louisiana · 1923
- Talbert v. Bounds & AllenLouisiana Court of Appeal · 1960
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