Dorr v. Kershaw
Supreme Court of Louisiana
Appeal from the commercial court of Now Ox-leans. This is an action against the drawee and acceptor of a bill of exchange, in which sixty-nine bales of cotton are attached. The defendant bonded the px-operty. M. Flournoy intervened and claimed the cotton attached. The refused to hear evidence on or entertain the intervention, because the defendant had bonded the cotton. Thex-e was judgment for the plaintiffs, and dismissing the petition of intervention.
Read the full summary
Appeal from the commercial court of Now Ox-leans. This is an action against the drawee and acceptor of a bill of exchange, in which sixty-nine bales of cotton are attached. The defendant bonded the px-operty. M. Flournoy intervened and claimed the cotton attached. The refused to hear evidence on or entertain the intervention, because the defendant had bonded the cotton. Thex-e was judgment for the plaintiffs, and dismissing the petition of intervention. The intervenor appealed. 1. .The defendant has not appealed. The judgment against him has become final and cannot now be examined. The…
1Opinion of the CourtMokphy, J.
M. Mourney is appellant from a judgment dismissing his intervention in this suit, wherein sixty-nine bales of cotton which he claims as his property, had been attached and bonded by defendant under article 259 of the Oode of Practice. It does not appear to us that the judge below erred. The attachment having been dissolved by the giving of a bond conditioned as the law requires, the cotton was no longer under the control of the court, and the intervenor’s claim should have been directed against the person in possession of his property; the condition of the bond entered into by defendant was…
2Cited by1 opinion
- Upshur v. BriscoeSupreme Court of Louisiana · 1885