Hall v. Gaiennie
Supreme Court of Louisiana
Appeal from the parish court for the parish and city of New Orleans. This case comes up from a judgment dissolving an injunction which L. E. Gaiennié had obtained to arrest and enjoin an execution, taken out against him for $1,717 56, and costs, in the name of the plaintiff, who had been paid his debt by O. Deneuf bourg, and subrogated the latter to all his rights against Gaiennié.
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Appeal from the parish court for the parish and city of New Orleans. This case comes up from a judgment dissolving an injunction which L. E. Gaiennié had obtained to arrest and enjoin an execution, taken out against him for $1,717 56, and costs, in the name of the plaintiff, who had been paid his debt by O. Deneuf bourg, and subrogated the latter to all his rights against Gaiennié. The evidence shows that while Gaiennié and Deneufbourg were commercial partners, Gaiennié accepted a draft drawn by one O. M. Dougherty on said firm, which was for his individual benefit. The plaintiff being the…
1Opinion of the CourtMobphy, J.
[443] Gaiennié, one of the defendants appealed from a judgment in, solido against him and his former partner and co-defendant, Deneufbourg; this appeal has been disposed of at a former term of this court. See 15 La. Eep. 439. During the pendency of this appeal, an execution issued against Deneufbourg, who had not joined in it. He paid the amount of the debt and received from Hall a subrogation to all his rights under the judgment. Being thus subrogated, Deneufbourg took a fieri facias against Gaiennié for the whole sum. The latter enjoined the execution of this wilt on the ground that he was…
2Cited by1 opinion
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