Quimper v. Bierra
Supreme Court of Louisiana
Appeal from the City Court of New Orleans, Collens, J. An insolvent is not absolutely protected against suits for debts anterior to the surrender of his property. 1 Mart. N. S. 11. He may waive this benefit, if entitled to it. The inferior judge was, therefore, wrong in deciding a case on an exception personal to the defendant, and not pleaded by him. cited Civ. Code, art. 2173. Code of Pract. art. 92. Bui. & Curry’s Dig. p. 214, ss. 3, 5. 3 La. 334. 4 La. 45.
1Opinion of the CourtSimon, J.
The petition alleges, that the defendant having failed in the Parish Court of New Orleans, on the 10th of May, 1823, and having filed his schedule accordingly, acknowledged *205himself therein to be indebted to Antoine Molinari, then living, in the sum of $822, by endorsements; that the defendant has never been discharged from his debts, and has never paid the above sum to the deceased, or to his heirs ; and that said defendant, having come to better fortune, is bound by law and equity to pay the claim sued on, resulting from three promissory notes, to wit, one for $200, and two others, each for…
2Cited by2 opinions
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