DeBlanc v. Webb
Supreme Court of Louisiana
Eastern Dis. APPEAL PROM THE COURT OP THE PARISH AND CITY OP NEW-ORLEANS. 1. The answers were not categorical; all the questions were not answered. Code of Practice, arts. 246, 247, 848 and 349. 2. They could not be amended, as they contained an admission of funds in the garnishees’ hands, and a judicial confession cannot be retracted.
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Eastern Dis. APPEAL PROM THE COURT OP THE PARISH AND CITY OP NEW-ORLEANS. 1. The answers were not categorical; all the questions were not answered. Code of Practice, arts. 246, 247, 848 and 349. 2. They could not be amended, as they contained an admission of funds in the garnishees’ hands, and a judicial confession cannot be retracted. JYew Civil Code, art. 2270. 3. The cotton, or its proceeds, was still liable to be attached by the creditors of Webb & Co. 4. It had never ceased to be his property. Code of Practice, J 7 arts. 241,246. The decision is correct, the appellants not having…
1Opinion of the Court
The facts are fully stated in the opinion of the court pronounced by
Mathews, J.
This suit was commenced by attachment; and Willcox & Fearn were cited as garnishees, and interrogatories propounded to them to ascertain whether they had in their possession any property or funds belonging to the defendant, or were in any manner indebted to him at the time the interrogatories were served on them.
These interrogatories were three in number. The two first had reference to property and funds in the hands of the garnishees; and the third is an inquiry, whether they were indebted to the defendant. They…
2Cited by2 opinions
- Warren v. CoppSupreme Court of Louisiana · 1896
- Elder v. City of New OrleansSupreme Court of Louisiana · 1879