Zuntz v. Cornen
Supreme Court of Louisiana
from the District Court of the Parish of Plaquemines, Rousseau, J. 1. It is an attempt to change the proceedings via exeautiva into via ordi-naria, without plaintiff’s assent, either expressed or implied. 2 An. 488. 2. The proceedings are not in conformity to the mode prescribed by law. The only remedy, authorized by the facts of the case, is that subsequently-resorted to, viz : an injunction.
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from the District Court of the Parish of Plaquemines, Rousseau, J. 1. It is an attempt to change the proceedings via exeautiva into via ordi-naria, without plaintiff’s assent, either expressed or implied. 2 An. 488. 2. The proceedings are not in conformity to the mode prescribed by law. The only remedy, authorized by the facts of the case, is that subsequently-resorted to, viz : an injunction. O. P. 738 et al. 4 Rob. 492. 2 Rob. 90. It appears from the- face of the papers that an order of seizure issued erroneously. The mortgage act shows that at the time of the execution of the notes and…
1Opinion of the Court
Ogden, J. (Slidell, 0. J., absent.)
This appeal is taken by the defendants from an order made by the court below, dismissing the oppositions of the defendants to an order of seizure and sale which the plaintiff had obtained.
The order of seizure and sale was granted on an act of mortgage executed by the defendants in favor of Maunsel White, to secure the payment of three promissory notes executed by the defendants for $10,766 each. The notes are the first and second notes of the defendants, payable to their own order, and Mrs. M. Moussier, being a married woman, was authorized by her husband to…
2Cited by5 opinions
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- Brugier v. MillerSupreme Court of Louisiana · 1905
- Franek v. BrewsterSupreme Court of Louisiana · 1915