Quine v. Mayes
Supreme Court of Louisiana
Appeal from the City Court of New Orleans, Cooley, J. The execution of the bond, was no waiver of the right to show that the property attached did not be- • long to the defendant. 13 La. 465. 14 lb. 82. 17 lb. 34. The bond taires the place of the property. 18 La. 58. An attaching creditor has no greater rights than his debtor. 8 Mart. N. S. 337. 13 La. 570. 15 lb. 461. The evidence proves conclusively, that the property attached did not belong to the defendant.
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Appeal from the City Court of New Orleans, Cooley, J. The execution of the bond, was no waiver of the right to show that the property attached did not be- • long to the defendant. 13 La. 465. 14 lb. 82. 17 lb. 34. The bond taires the place of the property. 18 La. 58. An attaching creditor has no greater rights than his debtor. 8 Mart. N. S. 337. 13 La. 570. 15 lb. 461. The evidence proves conclusively, that the property attached did not belong to the defendant. The judgment should be for the defendants in the rule. contended that the judgment of the lower court should be affirmed.
1Opinion of the CourtMorphy, J.
Under a writ of attachment, the marshal of the City Court levied upon twenty-two bales of cotton as the property of the defendant. Two days after, Taylor, Gardiner & Co. of this city, bonded the cotton, and took it into their possession. An attorney having been appointed to represent the absent defendant, a judgment was obtained in the suit; whereupon the plaintiff ruled Taylor, Gardiner & Co., and John Minturn, their surety on the bond, to show cause why they should not be decreed, in solido, to pay the amount of the judgment and costs. In answer to this rule, they denied being liable in any…
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