Gray v. Trafton
Supreme Court of Louisiana
Appeal from the court of the first district. On the 3d of 1820, the present plaintiff instituted a former suit against the present deiendant. i>oth parties being non-residents. Ihe suit was founded on promissory notes, amounting together to $2013 35 cents, with interest thereon; and an attachment prayed and awarded; as is usual in similar cases, an attorney was appointed to defend the interests of the defendant.
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Appeal from the court of the first district. On the 3d of 1820, the present plaintiff instituted a former suit against the present deiendant. i>oth parties being non-residents. Ihe suit was founded on promissory notes, amounting together to $2013 35 cents, with interest thereon; and an attachment prayed and awarded; as is usual in similar cases, an attorney was appointed to defend the interests of the defendant. The order of appointment was made on the 16th of February, 1820. The counsel was allowed from February to July, to correspond with the defendant, and on the 13th of that month, filed…
1Opinion of the CourtMartin, J.
The effect and force of the judgment obtained by the plaintiff, in his first suit, is to be ascertained by an examination of the act of the legislature, which introduced in this *265state, or the then territory, proceedings by . T . attachment, as they are now used. It is contended, they are merely proceedings in rem, the end of which is the condemnation and sale of the property attached.
Proceedings in personam against an individual owing no kind of allegiance, to the sovereign in whose courts they are instituted, appear at first view, odious; and if the courtesy, that ought to prevail between…
2Cited by3 opinions
- Bedford v. UrquhartSupreme Court of Louisiana · 1835
- Newberry v. Trowbridge & OwenMichigan Supreme Court · 1857
- Chachere v. BlockSupreme Court of Louisiana · 1894