Legal Opinion

Richardson v. Gurney

Supreme Court of Louisiana

Decided March 15, 1836PublishedCited by 4 opinions

APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. This is a case in which the defendant in an execution attached the amount of the debt after he had paid it into the sheriff’s bands-, in a suit for a larger sum, which he had in the mean time instituted against the plaintiff.

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APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. This is a case in which the defendant in an execution attached the amount of the debt after he had paid it into the sheriff’s bands-, in a suit for a larger sum, which he had in the mean time instituted against the plaintiff. Vide the facts of the case reported in 8 Louisiana Reports,- 255. On the return of the case to the District Court, the plaintiff’s counsel took a rule on the sheriff, to show cause why he should not pay over the money collected on the execution against the defendant, to the plaintiff. The sheriff showed for cause the…

1Opinion of the CourtMartin, J.

This case comes before us on a rule requiring the sheriff to pay over to the plaintiff certain moneys, by him collected on an execution, in favor of the plaintiff, against the defendant. The case was before this court last >year, when the judgment of the District Court, quashing the execution under which the money was collected, was reversed and set aside. Vide 8 Louisiana Reports, 255.

When the cause was sent back, the plaintiff resorted to a rule on the sheriff, requiring the money thus collected by him to be paid over to the plaintiff in the execution. The rule was discharged, and the…

2Cited by4 opinions

  1. La Varre v. International Paper Co.District Court, E.D. South Carolina · 1929
  2. McDonald v. CarneySupreme Court of Kansas · 1871
  3. United States National Bank v. RawsonOregon Supreme Court · 1935
  4. Walker v. WalkerNew Jersey Court of Chancery · 1883

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