Legal Opinion

Reynaud v. C. J. Walton & Son, Inc.

Supreme Court of Louisiana

Decided November 4, 1914No. 20,799PublishedCited by 3 opinions

Appeal from 27th Judicial District Court, Parish of St. James; C. T. Wortham, Judge. Action by Firmin Reynaud, receiver of the Uncle Sam Planting & Manufacturing Company, against C. J. Walton & Son, Incorporated. From a judgment dissolving the injunction, the receiver appeals, and appellee asks for amendment of the judgment.

1Opinion of the Court

SOMMERVILLE,, J.

The question in this •case is as to the right of a receiver of an insolvent corporation, without alleging fraud, to enjoin the execution of a judgment in favor of a creditor against the insolvent, where the judgment recognized a vendor’s lien and privilege in favor of the creditor on certain machinery sold to the debtor, and where the property is in the hands of the sheriff under a writ of fieri facias issued at the instance of the judgment creditor prior to the appointment of the receiver.

Defendant moved to dissolve the injunction, and asked for damages, and also pleaded the…

2Cases cited5 opinions

  1. Van Alstyne v. . CookNew York Court of Appeals · 1862
  2. State ex rel. Hunt v. Superior CourtWashington Supreme Court · 1894
  3. State ex rel. J. M. Arthur Machinery Co. v. Superior CourtWashington Supreme Court · 1893
  4. Cherry & Parkes v. Western Washington Industrial Exposition Co.Washington Supreme Court · 1895
  5. Great Western Telegraph Co. v. LoewenthalIllinois Supreme Court · 1894

3Cited by3 opinions

  1. Ex Rel. Nenzel v. District CourtNevada Supreme Court · 1925
  2. Duval v. T. P. Ranch Co.Supreme Court of Louisiana · 1922
  3. Succession of SchlumbrechtSupreme Court of Louisiana · 1915

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